Ohio: Final Authorization of State Hazardous Waste Management Program Revision, 43316-43321 [2017-19696]
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Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R02–OAR–2017–0338; FRL 9967–41–
Region 2]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; United States Virgin
Islands; Other Solid Waste Incineration
Units
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve the
Clean Air Act (CAA) section 111(d)/129
negative declaration for the United
States Virgin Islands for other solid
waste incineration units. Other solid
waste incineration (OSWI) unit means
either a very small municipal waste
combustion unit or an institutional
waste incineration unit. This negative
declaration certifies that existing OSWI
units subject to sections 111(d) and 129
of the CAA do not exist within the
jurisdiction of the United States Virgin
Islands. The EPA is accepting the
negative declaration in accordance with
the requirements of the CAA.
DATES: Comments must be received on
or before October 16, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R02–
OAR–2017–0338 to 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:
Edward J. Linky, Environmental
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SUMMARY:
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Protection Agency, Air Programs
Branch, 290 Broadway, New York, New
York 1007–1866 at 212–637–3764 or by
email at Linky.Edward@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this issue of the
Federal Register, the EPA is approving
the United States Virgin Island’s
negative declaration submitted April 18,
2017, as a direct final rule without prior
proposal because the Agency views this
as noncontroversial and anticipates no
adverse comments to this action.
A detailed rationale for the approval
is set forth in the direct final rule. If no
adverse comments are received in
response to this action, no further
activity is contemplated in relation to
this action. If the EPA receives adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed action. The EPA will not
institute a second comment period on
this action. Any parties interested in
commenting on this action should do so
at this time.
For additional information, see the
direct final rule which is located in the
rules section of this issue of the Federal
Register.
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Administrative
practice and procedure,
Intergovernmental relations, Reporting
and recordkeeping requirements,
Sewage sludge incinerators.
Dated: August 18, 2017.
Catherine R. McCabe,
Acting Regional Administrator, Region 2.
[FR Doc. 2017–19705 Filed 9–14–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R05–RCRA–2017–0381; FRL–9967–
23–Region 5]
Ohio: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Ohio has applied to EPA for
Final Authorization of the changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA has reviewed Ohio’s
application with regards to federal
SUMMARY:
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requirements, and is proposing to
authorize the state’s changes.
DATES: Comments on this proposed rule
must be received on or before October
16, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
RCRA–2017–0381 by one of the
following methods:
https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
Email: westefer.gary@epa.gov.
Mail: Gary Westefer, Ohio Regulatory
Specialist, LR–17J, U.S. EPA, Region 5,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
Hand Delivery: Gary Westefer, LR–
17J, U.S. EPA, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604. Such deliveries are only
accepted during the normal business
hours of operation; special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID Number EPA–R05–RCRA–
2017–0381. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters or any form
of encryption, and be free of any defects
or viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epagov/epahome/dockets.htm.
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Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some of the information is not publicly
available; e.g., CBI or other information
for which disclosure is restricted by
statute. Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy.
You may view and copy Ohio’s
application from 9:00 a.m. to 4:00 p.m.
at the following addresses: U.S. EPA
Region 5, LR–17J, 77 West Jackson
Boulevard, Chicago, Illinois, contact:
Gary Westefer (312) 886–7450; or Ohio
Environmental Protection Agency,
Lazarus Government Center, 50 West
Town Street, Suite 700, Columbus,
Ohio, contact: Katherine (Kit) Arthur
(614) 644–2932.
FOR FURTHER INFORMATION CONTACT: Gary
Westefer, Ohio Regulatory Specialist,
U.S. EPA Region 5, LR–17J, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–7450, email
westefer.gary@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs
necessary?
States which have received final
authorization from EPA under RCRA
Section 3006(b) of RCRA, 42 U.S.C.
6926(b), must maintain a hazardous
waste program that is equivalent to,
consistent with, and no less stringent
than the federal program. As the federal
program changes, states must change
their programs and request EPA to
authorize the changes. Changes to state
programs may be necessary when
federal or state statutory or regulatory
authority is modified or when certain
other changes occur. Most commonly,
states must change their programs
because of changes to EPA’s regulations
in 40 Code of Federal Regulations (CFR)
parts 124, 260 through 266, 268, 270,
273 and 279.
B. What decisions have we made in this
Rule?
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We have made a tentative decision
that Ohio’s application to revise its
authorized program meets all of the
statutory and regulatory requirements
established by RCRA. Therefore, we
propose to grant Ohio final
authorization to operate its hazardous
waste program with the changes
described in the authorization
application. Ohio will have
responsibility for permitting treatment,
storage, and disposal facilities (TSDFs)
within its borders (except in Indian
Country) and for carrying out the
aspects of the RCRA program described
in its revised program application,
subject to the limitations of the
Hazardous and Solid Waste
Amendments of 1984 (HSWA). New
federal requirements and prohibitions
imposed by federal regulations that EPA
promulgates under the authority of
HSWA take effect in authorized states
before they are authorized for the
requirements. Thus, EPA will
implement those requirements and
prohibitions in Ohio, including issuing
permits, until the state is granted
authorization to do so.
C. What will be the effect if Ohio is
authorized for these changes?
If Ohio is authorized for these
changes, a facility in Ohio subject to
RCRA will have to comply with the
authorized state requirements instead of
the corresponding federal requirements
in order to comply with RCRA.
Additionally, such facilities will have to
comply with any applicable federal
requirements such as, for example,
HSWA regulations issued by the EPA
for which the state has not received
authorization. Ohio continues to have
enforcement authorities and
responsibilities under its state
hazardous waste program for RCRA
violations, but EPA retains its authority
under RCRA sections 3007, 3008, 3013,
and 7003, which include among others,
authority to:
1. Conduct inspections which may
include but are not limited to requiring
monitoring, tests, analyses and/or
reports;
1. Enforce RCRA requirements which
may include but are not limited to
suspending, terminating, modifying
and/or revoking permits; and
3. Take enforcement actions
regardless of whether the state has taken
its own actions.
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The action to approve these revisions
will not impose additional requirements
on the regulated community because the
regulations for which Ohio is requesting
authorization are already effective under
state law, and will not be changed by
the act of authorization.
D. What happens if EPA receives
adverse comments on this action?
If EPA receives adverse comments on
this authorization, we will address all
public comments in a later Federal
Register. You may not have another
opportunity to comment. If you want to
comment on this authorization, you
must do so at this time.
E. What has Ohio previously been
authorized for?
Ohio initially received final
authorization on June 28, 1989, effective
June 30, 1989 (54 FR 27170, June 28,
1989) to implement the RCRA
hazardous waste management program.
Subsequently the EPA granted
authorization for changes to the Ohio
program effective June 7, 1991 (56 FR
14203, April 8, 1991) as corrected June
19, 1991, effective August 19, 1991 (56
FR 28088); effective September 25, 1995
(60 FR 38502. July 27, 1995); effective
December 23, 1996 (61 FR 54950,
October 23, 1996); effective January 24,
2003 (68 FR 3429, January 24, 2003);
effective January 20, 2006, (71 FR 3220,
January 20, 2006); effective October 29,
2007, (72 FR 61063, October 29, 2007,
and effective March 19, 2012 (77 FR
25966, March 19, 2012).
F. What changes are we proposing with
this action?
On June 13, 2017, Ohio submitted a
final program revision application,
seeking authorization of changes in
accordance with 40 CFR 271.21. We
have determined that Ohio’s hazardous
waste program revisions satisfy all of
the requirements necessary to qualify
for Final Authorization. We are now
proposing to authorize, subject to
receipt of written comments that oppose
this action, Ohio’s hazardous waste
program revision. We propose to grant
Ohio Final Authorization for the
following program changes:
TABLE 1—OHIO’S ANALOGS TO THE FEDERAL REQUIREMENTS
Federal Register date and
page
Description of Federal requirement
Deferral of LDR Phase IV Standards for PCB’s
as a Constituent Subject to Treatment in Soil
Checklist 190.
Zinc Fertilizers Made from Recycled Hazardous
Secondary Materials Checklist 200.
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Analogous state authority
December 26, 2000, 65 FR
81373.
OAC 3745–270–32, 3745–270–48, 3745–270–49; Effective
September 5, 2010.
July 24, 2002, 67 FR 48393 ...
OAC 3745–51–04, 3745–266–20, 3745–270–40; Effective
September 5, 2010.
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TABLE 1—OHIO’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Federal Register date and
page
Description of Federal requirement
Land Disposal Restrictions: National Treatment October 7, 2002, 67 FR 62617
Variance to Designate New Treatment Subcategories for Radioactively Contaminated
Cadmium, Mercury, and Silver Containing
Batteries: Checklist 201.
Hazardous Waste Management System: Modi- August 5, 2005, 70 FR 45507
fication of the Hazardous Waste Program:
Mercury Containing Equipment Checklist 209.
Resource Conservation and Recovery Act Burden Reduction Initiative Checklist 213.
April 4, 2006, 71 FR 16861 ....
Hazardous Waste Management System: Modification of the Hazardous Waste Program:
Cathode Ray Tubes Checklist 215.
Regulation of Oil-Bearing Hazardous Secondary Materials from the Petroleum Refining
Industry Processed in a Gasification System
to Produce Synthesis Gas Checklist 216.
NESHAP: National Emission Standards for
Hazardous Air Pollutants: Standards for Hazardous Waste Combustors; Amendments
Checklist 217.
Hazardous Waste Management System: Identification and Listing of Hazardous Waste:
Amendment to Hazardous Waste Code F
019 Checklist 218.
Standards Applicable to Generators of Hazardous Waste: Alternative Requirements for
Hazardous Waste Determination and Accumulation of Unwanted Material at Laboratories Owned by Colleges and Universities
and Other Eligible Academic Entities Formally Affiliated with Colleges and Universities
Checklist 220.
July 28, 2006, 71 FR 42927 ...
Analogous state authority
OAC 3745–270–40; Effective September 5, 2010.
OAC 3745–50–10, 3745–50–45, 3745–51–09, 3745–54–01,
3745–65–01, 3745–270–01, 3745–273–01, 3745–273–04,
3745–273–09, 3745–273–13, 3745–273–14, 3745–273–32,
3745–273–33, 3745–273–34; Effective September 5, 2010.
OAC 3745–50–24, 3745–50–44, 3745–50–51, 3745–51–04,
3745–54–16, 3745–54–52, 3745–54–56, 3745–54–73,
3745–54–98, 3745–54–99, 3745–54–100, 3745–55–13,
3745–55–15, 3745–55–20, 3745–55–43, 3745–55–45,
3745–55–47, 3745–55–91, 3745–55–92, 3745–55–93,
3745–55–95, 3745–56–51, 3745–56–80, 3745–57–43,
3745–57–47, 3745–57–74, 3745–57–81, 3745–57–83,
3745–57–84, 3745–65–16, 3745–65–52, 3745–65–56,
3745–65–73, 3745–65–93, 3745–66–13, 3745–66–15,
3745–66–20, 3745–66–43, 3745–66–45, 3745–66–47,
3745–66–91, 3745–66–92, 3745–66–93, 3745–66–95,
3745–66–101, 3745–67–21, 3745–67–24, 3745–67–80,
3745–68–05, 3745–69–41, 3745–69–43, 3745–69–44,
3745–205–101, 3745–256–101, 3745–266–102, 3745–
266–103, 3745–270–07, 3745–270–09; Effective September 5, 2010.
OAC 3745–50–10, 3745–51–04, 3745–51–39, 3745–51–40,
3745–51–41; Effective September 5, 2010.
January 2, 2008, 73 FR 57 .....
OAC 3745–50–10, 3745–51–04; Effective September 5,
2010.
April 8, 2008, 73 FR 18970 ....
OAC 3745–57–40; Effective September 5, 2010.
June 4, 2008, 73 FR 31756 ....
OAC 3745–51–31; Effective September 5, 2010.
December 1, 2008, 73 FR
72991.
OAC 3745–51–05, 3745–52–10, 3745–52–200, 3745–52–
201, 3745–52–202, 3745–52–203, 3745–52–204, 3745–
52–205, 3745–52–206, 3745–52–207, 3745–52–208,
3745–52–209, 3745–52–210, 3745–52–211, 3745–52–212,
3745–52–213, 3745–52–214, 3745–52–215, 3745–52–216;
Effective September 5, 2010.
TABLE 2—EQUIVALENT STATE INITIATED CHANGES
State Initiated Change: Manifest Rules .............
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State Initiated Change: Performance Track ......
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Ohio rules amended per request of HQ memo dated 5/
14/2007, regarding manifest
rule errors.
Ohio rules amended per HQ
memo dated 3/16/2009, that
ended the Performance
Track Program.
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OAC 3745–54–72, 3745–65–72; Effective September 5,
2010.
OAC 3745–50–10, 3745–50–51, 3745–52–34, 3745–52–211,
3745–54–15, 3745–65–15, 3745–66–74, 3745–66–95,
3745–66–101, 3745–205–101, 256–101; Effective September 5, 2010.
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TABLE 2—EQUIVALENT STATE INITIATED CHANGES—Continued
Hazardous Waste and Used
Oil: Corrections to 40 CFR
(Additional corrections from
Checklist 214).
State Initiated Changes .....................................
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State Initiated Change: Hazardous Waste and
Used Oil: Corrections to 40 CFR.
Ohio Rules Reviewed per
119.032, State Initiated
Changes (housekeeping).
G. Which revised state rules are
different from the Federal rules?
Ohio has excluded the non-delegable
federal requirements at 40 CFR 268.5,
268.6, 268.42(b), 268.44, and 270.3. EPA
will continue to implement those
requirements.
Only recently receiving the statutory
authority, Ohio has not adopted the
rules for Subparts AA, BB and CC of 40
CFR part 264. Until Ohio is authorized
for such rules, the federal rules at 40
CFR part 264 subpart AA, BB and CC
and Part 265 subpart AA, BB and CC,
which are promulgated under HSWA,
still apply in Ohio. On July 14, 2006,
U.S. EPA issued a rule making several
hundred corrections to errors that had
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OAC 3745–50–27, 3745–51–31, 3745–51–33, 3745–54–01,
3745–54–73, 3745–54–97, 3745–54–101, 3745–55–11,
3745–55–40, 3745–55–51, 3745–55–93, 3745–56–21,
3745–56–23, 3745–57–03, 3745–57–04, 3745–57–06,
3745–57–72, 3745–57–74, 3745–57–75, 3745–65–73,
3745–66–11, 3745–66–12, 3745–66–40, 3745–67–21,
3745–67–24, 3745–67–28, 3745–67–55, 3745–67–59,
3745–68–03, 3745–68–05, 3745–68–16, 3745–69–43,
3745–69–45, 3745–205–101, 3745–256–101, 3745–266–
109, 3745–270–04, 3745–270–07, 3745–270–42, 3745–
270–45, 3745–273–34, 3745–279–01, 3745–279–11,
3745–279–43, 3745–279–52; Effective September 5, 2010.
3745–50–10, 3745–50–11, 3745–50–19, 3745–50–21, 3745–
50–27, 3745–50–29, 3745–50–30, 3745–50–38, 3745–50–
39, 3745–50–41, 3745–50–42, 3745–50–43, 3745–50–44,
3745–50–45, 3745–50–51, 3745–50–53, 3745–50–58,
3745–50–62, 3745–51–02, 3745–51–03, 3745–51–04,
3745–51–05, 3745–51–06, 3745–51–23, 3745–51–31,
3745–51–33, 3745–51–39, 3745–52–10, 3745–52–11,
3745–52–12, 3745–52–34, 3745–52–44, 3745–54–52,
3745–52–200, 3745–52–203, 3745–52–204, 3745–52–205,
3745–52–206, 3745–53–11, 3745–54–01, 3745–54–03,
3745–54–11, 3745–54–12, 3745–54–15, 3745–54–56,
3745–54–73, 3745–54–77, 3745–54–97, 3745–54–98,
3745–54–100, 3745–55–13, 3745–55–15, 3745–55–42,
3745–55–43, 3745–55–45, 3745–55–47, 3745–55–51,
3745–55–91, 3745–55–92, 3745–55–93, 3745–55–95,
3745–55–96, 3745–55–98, 3745–56–21, 3745–56–23,
3745–56–51, 3745–57–03, 3745–57–06, 3745–57–40,
3745–57–43, 3745–57–72, 3745–57–74, 3745–57–75,
3745–57–81, 3745–57–84, 3745–65–01, 3745–65–11,
3745–65–15, 3745–65–56, 3745–65–73, 3745–65–90,
3745–65–93, 3745–66–11, 3745–66–12, 3745–66–13,
3745–66–15, 3745–66–42, 3745–66–43, 3745–66–44,
3745–66–45, 3745–66–47, 3745–66–74, 3745–66–91,
3745–66–92, 3745–66–93, 3745–66–95, 3745–66–96,
3745–66–98, 3745–66–101, 3745–67–21, 3745–67–55,
3745–67–59, 3745–68–03, 3745–68–05, 3745–68–10,
3745–68–16, 3745–69–30, 3745–69–41, 3745–69–43,
3745–69–44, 3745–69–45, 3745–205–100, 3745–205–101,
3745–205–200, 3745–205–201, 3745–256–101, 745–256–
200, 3745–256–201, 3745–266–20, 3745–266–80, 3745–
266–102, 3745–266–103, 3745–266–104, 3745–266–107,
3745–266–109, 3745–266–111, 3745–266–201, 3745–
266–202, 3745–266–203, 3745–266–205, 745–266–210,
3745–266–260, 3745–270–01, 3745–270–04, 3745–270–
07, 3745–270–09, 3745–270–40, 3745–270–42, 3745–
270–45, 3745–270–48, 3745–270–49, 3745–273–09,
3745–273–13, 3745–273–33, 3745–273–60, 3745–279–01,
3745–279–11, 3745–279–42, 3745–279–51, 3745–279–52,
3745–279–62, 3745–279–73; Effective September 5, 2010.
appeared in the Code of Federal
Regulations (checklist 214). Ohio broke
these corrections into several rule
makings. Ohio was authorized for
several of these rule corrections on
March 19, 2012. In addition, a number
of the corrections had already been
made in the state rules. This action will
authorize several more of the
corrections that appear in the U.S. EPA
rulemaking of July 14, 2006.
Broader in Scope Rules: Ohio has
proposed additions to its Universal
Wastes that will add Antifreeze, Aerosol
cans and Paint Wastes that are not
already regulated as hazardous waste.
As such they are not regulated under the
RCRA subtitle C program by U.S. EPA,
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though Ohio EPA plans to regulate them
under State law if those State additions
go into effect.
H. Who handles permits after the final
authorization takes effect?
Ohio will issue permits for all the
provisions for which it is authorized
and will administer the permits it
issues. EPA will continue to administer
any RCRA hazardous waste permits or
portions of permits which EPA issues
prior to the effective date of the
proposed authorization until they expire
or are terminated. We will not issue any
more new permits or new portions of
permits for the provisions listed in the
Table above after the effective date of
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the authorization. EPA will continue to
implement and issue permits for HSWA
requirements for which Ohio is not yet
authorized.
I. How does this action affect Indian
Country (18 U.S.C. 1151) in Ohio?
Ohio is not authorized to carry out its
hazardous waste program in ‘‘Indian
Country,’’ as defined in 18 U.S.C. 1151.
Indian Country includes:
1. All lands within the exterior
boundaries of Indian Reservations
within or abutting the State of Ohio;
2. Any land held in trust by the U.S.
for an Indian tribe; and
3. Any other land, whether on or off
an Indian reservation that qualifies as
Indian Country.
Therefore, this action has no effect on
Indian Country. EPA retains the
authority to implement and administer
the RCRA program on these lands.
J. What is codification and is EPA
codifying Ohio’s hazardous waste
program as authorized in this rule?
Codification is the process of placing
the state’s statutes and regulations that
comprise the state’s authorized
hazardous waste program into the Code
of Federal Regulations. We do this by
referencing the authorized state rules in
40 CFR part 272. Ohio’s authorized
rules, up to and including those revised
June 7, 1991, have previously been
codified through the incorporation-byreference effective February 4, 1992 (57
FR 4162). We reserve the amendment of
40 CFR part 272, subpart KK for the
codification of Ohio’s program changes
until a later date.
mstockstill on DSK30JT082PROD with PROPOSALS
K. Statutory and Executive Order
Reviews
This proposed rule only authorizes
hazardous waste requirements pursuant
to RCRA 3006 and imposes no
requirements other than those imposed
by state law (see Supplementary
Information, Section A. Why are
Revisions to State Programs Necessary?).
Therefore, this rule complies with
applicable executive orders and
statutory provisions as follows:
1. Executive Order 18266: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulations
and Regulatory Review
The Office of Management and Budget
has exempted this rule from its review
under Executive Orders 12866 (58 FR
51735, October 4, 1993) and Executive
Order 13563 (76 FR 3821 January 21,
2011).
2. Paperwork Reduction Act
This proposed rule does not impose
an information collection burden under
VerDate Sep<11>2014
16:24 Sep 14, 2017
Jkt 241001
the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
3. Regulatory Flexibility Act
This proposed rule authorizes state
requirements for the purpose of RCRA
3006 and imposes no additional
requirements beyond those required by
state law. Accordingly, I certify that this
proposed rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
4. Unfunded Mandates Reform Act
Because this proposed rule approves
pre-existing requirements under state
law and does not impose any additional
enforceable duty beyond that required
by state law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4).
5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999) does not apply to this
proposed rule because it will not have
federalism implications (i.e., 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).
6. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (65 FR 67249,
November 9, 2000) does not apply to
this proposed rule because it will not
have tribal implications (i.e., substantial
direct effects on one or more Indian
tribes, or on the relationship between
the Federal Government and Indian
tribes, or on the distribution of power
and responsibilities between the Federal
Government and Indian tribes).
7. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This proposed rule is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant as defined in
Executive Order 12866 and because the
EPA does not have reason to believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
8. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not subject to
Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a
significant regulatory action as defined
in Executive Order 12866.
9. National Technology Transfer
Advancement Act
EPA approves state programs as long
as they meet criteria required by RCRA,
so it would be inconsistent with
applicable law for EPA, in its review of
a state program, to require the use of any
particular voluntary consensus standard
in place of another standard that meets
the requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply to this proposed
rule.
10. Executive Order 12988
As required by Section 3 of Executive
Order 12988 (61 FR 4729, February 7,
1996), in issuing this proposed rule,
EPA has taken the necessary steps to
eliminate drafting errors and ambiguity,
minimize potential litigation, and
provide a clear legal standard for
affected conduct.
11. Executive Order 12630: Evaluation
of Risk and Avoidance of Unanticipated
Takings
EPA has complied with Executive
Order 12630 (53 FR 8859, March 18,
1988) by examining the takings
implications of the proposed rule in
accordance with the Attorney General’s
Supplemental Guidelines for the
Evaluation of Risk and Avoidance of
Unanticipated Takings issued under the
executive order.
12. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and Low
Income Populations
Because this rulemaking proposes
authorization of pre-existing state rules
and imposes no additional requirements
beyond those imposed by state law and
there are no anticipated significant
adverse human health or environmental
effects, the proposed rule is not subject
to Executive Order 12898 (59 FR 7629,
February 16, 1994).
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous materials transportation,
Hazardous waste, Indians—lands,
Intergovernmental relations, Penalties,
E:\FR\FM\15SEP1.SGM
15SEP1
Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Proposed Rules
Reporting and recordkeeping
requirements.
DEPARTMENT OF TRANSPORTATION
Authority: This action is issued under the
authority of Sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Automated Driving Systems: A Vision
for Safety
[FR Doc. 2017–19696 Filed 9–14–17; 8:45 am]
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of public availability and
request for comments.
AGENCY:
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[WT Docket No. 06–150; DA 17–810]
Service Rules for the 698–746, 747–
762, and 777–792 MHz Bands;
Correction
Federal Communications
Commission.
AGENCY:
Proposed rule; correction.
The Federal Communications
Commission is correcting a document
that appeared in the Federal Register on
September 7, 2017. The document listed
incorrect dates by which interested
parties may file comments and reply
comments.
SUMMARY:
This correction is applicable
September 15, 2017.
DATES:
FOR FURTHER INFORMATION CONTACT:
Anna Gentry, Anna.Gentry@fcc.gov, of
the Wireless Telecommunications
Bureau, Mobility Division, (202) 418–
7769.
In FR Doc.
2017–18987 appearing on page 42263 of
the Federal Register of September 7,
2017, the following corrections are
made:
SUPPLEMENTARY INFORMATION:
mstockstill on DSK30JT082PROD with PROPOSALS
Dates [Corrected]
On page 42263, the DATES heading is
corrected to read ‘‘Interested parties
may file comments on or before
September 27, 2017, and reply
comments on or before October 10,
2017.’’
[FR Doc. 2017–19481 Filed 9–14–17; 8:45 am]
BILLING CODE 6712–01–P
VerDate Sep<11>2014
16:24 Sep 14, 2017
Jkt 241001
NHTSA is releasing new
voluntary guidance on automated
driving systems—Automated Driving
Systems: A Vision for Safety. The new
voluntary guidance is based on public
comments received on the Federal
Automated Vehicles Policy (FAVP)
released in September 2016. The
purpose of this new voluntary guidance
is to support industry innovators, States
and other key stakeholders as they
consider and design best practices
relative to the testing and deployment of
automated vehicle technologies, while
informing and educating the public and
improving roadway safety. NHTSA
invites public comment on the
voluntary guidance and additional ways
to improve its usefulness.
This new voluntary guidance is an
important part of DOT’s multi-modal
efforts to support the introduction of
automation technologies that hold the
promise of fulfilling NHTSA’s mission
of reducing the number of injuries and
fatalities on our roads. As an update to
the FAVP this new voluntary guidance
serves as NHTSA’s current operating
guidance for Automated Driving
Systems (ADSs—SAE International
Automation Levels 3–5). NHTSA
intends to continue to revise and refine
the guidance periodically to reflect
continued public input, experience,
research, and innovation, and will
address significant comments in
preparing future iterations of the
guidance. This guidance supports that
effort.
SUMMARY:
47 CFR Part 27
Federal Communications Commission.
Nese Guendelsberger,
¸
Senior Deputy Bureau Chief, Wireless
Telecommunications Bureau.
49 CFR Chapter V
[Docket No. NHTSA–2017–0082]
Dated: August 14, 2017.
Robert Kaplan,
Acting Regional Administrator, Region 5.
ACTION:
National Highway Traffic Safety
Administration
You should submit your
comments early enough to ensure that
Docket Management receives them no
later than November 14, 2017.
ADDRESSES: Comments should refer to
the docket number above and be
submitted by one of the following
methods:
• Federal Rulemaking Portal: Please
submit one copy to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
DATES:
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
43321
• Mail: Please submit two copies to
Docket Management Facility, U.S.
Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: Please submit two
copies to 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room
W12–140, Washington, DC, between 9
a.m. and 5 p.m. ET, Monday through
Friday, except Federal Holidays.
• Instructions: For detailed
instructions on submitting comments
and additional information on the
rulemaking process, see the Public
Participation heading of the
SUPPLEMENTARY INFORMATION section of
this document. Note that all comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
• Privacy Act: Anyone is able to
search the electronic form of all
comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477–78) or at https://
www.transportation.gov/privacy.
• Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or to the street
address listed above. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT:
For technical issues related to the
Voluntary Guidance: Ms. Dee Williams
of NHTSA’s Office of Vehicle Safety
Research at (202) 366–8537 or by email
at av_info_nhtsa@dot.gov.
For legal issues: Mr. Steve Wood of
NHTSA’s Office of Chief Counsel, at
(202) 366–2992 or by email at
steve.wood@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
The National Highway Traffic Safety
Administration (NHTSA), under the
U.S. Department of Transportation, was
established by the Highway Safety Act
of 1970, to carry out safety programs
under the National Traffic and Motor
Vehicle Safety Act of 1966 and the
Highway Safety Act of 1966. NHTSA is
responsible for reducing deaths,
injuries, and economic losses resulting
from motor vehicle crashes on our
nation’s roadways. It accomplishes
these tasks by conducting research,
setting and enforcing safety performance
standards for motor vehicles and motor
E:\FR\FM\15SEP1.SGM
15SEP1
]]>Agencies
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Proposed Rules]
[Pages 43316-43321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19696]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R05-RCRA-2017-0381; FRL-9967-23-Region 5]
Ohio: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Ohio has applied to EPA for Final Authorization of the changes
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). EPA has reviewed Ohio's application with regards
to federal requirements, and is proposing to authorize the state's
changes.
DATES: Comments on this proposed rule must be received on or before
October 16, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2017-0381 by one of the following methods:
https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: westefer.gary@epa.gov.
Mail: Gary Westefer, Ohio Regulatory Specialist, LR-17J, U.S. EPA,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery: Gary Westefer, LR-17J, U.S. EPA, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only
accepted during the normal business hours of operation; special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2017-0381. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epagov/epahome/dockets.htm.
[[Page 43317]]
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some of the
information is not publicly available; e.g., CBI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy. You may
view and copy Ohio's application from 9:00 a.m. to 4:00 p.m. at the
following addresses: U.S. EPA Region 5, LR-17J, 77 West Jackson
Boulevard, Chicago, Illinois, contact: Gary Westefer (312) 886-7450; or
Ohio Environmental Protection Agency, Lazarus Government Center, 50
West Town Street, Suite 700, Columbus, Ohio, contact: Katherine (Kit)
Arthur (614) 644-2932.
FOR FURTHER INFORMATION CONTACT: Gary Westefer, Ohio Regulatory
Specialist, U.S. EPA Region 5, LR-17J, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-7450, email westefer.gary@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States which have received final authorization from EPA under RCRA
Section 3006(b) of RCRA, 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the federal program. As the federal program changes,
states must change their programs and request EPA to authorize the
changes. Changes to state programs may be necessary when federal or
state statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273 and 279.
B. What decisions have we made in this Rule?
We have made a tentative decision that Ohio's application to revise
its authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we propose to grant Ohio
final authorization to operate its hazardous waste program with the
changes described in the authorization application. Ohio will have
responsibility for permitting treatment, storage, and disposal
facilities (TSDFs) within its borders (except in Indian Country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New federal
requirements and prohibitions imposed by federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
states before they are authorized for the requirements. Thus, EPA will
implement those requirements and prohibitions in Ohio, including
issuing permits, until the state is granted authorization to do so.
C. What will be the effect if Ohio is authorized for these changes?
If Ohio is authorized for these changes, a facility in Ohio subject
to RCRA will have to comply with the authorized state requirements
instead of the corresponding federal requirements in order to comply
with RCRA. Additionally, such facilities will have to comply with any
applicable federal requirements such as, for example, HSWA regulations
issued by the EPA for which the state has not received authorization.
Ohio continues to have enforcement authorities and responsibilities
under its state hazardous waste program for RCRA violations, but EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include among others, authority to:
1. Conduct inspections which may include but are not limited to
requiring monitoring, tests, analyses and/or reports;
1. Enforce RCRA requirements which may include but are not limited
to suspending, terminating, modifying and/or revoking permits; and
3. Take enforcement actions regardless of whether the state has
taken its own actions.
The action to approve these revisions will not impose additional
requirements on the regulated community because the regulations for
which Ohio is requesting authorization are already effective under
state law, and will not be changed by the act of authorization.
D. What happens if EPA receives adverse comments on this action?
If EPA receives adverse comments on this authorization, we will
address all public comments in a later Federal Register. You may not
have another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.
E. What has Ohio previously been authorized for?
Ohio initially received final authorization on June 28, 1989,
effective June 30, 1989 (54 FR 27170, June 28, 1989) to implement the
RCRA hazardous waste management program. Subsequently the EPA granted
authorization for changes to the Ohio program effective June 7, 1991
(56 FR 14203, April 8, 1991) as corrected June 19, 1991, effective
August 19, 1991 (56 FR 28088); effective September 25, 1995 (60 FR
38502. July 27, 1995); effective December 23, 1996 (61 FR 54950,
October 23, 1996); effective January 24, 2003 (68 FR 3429, January 24,
2003); effective January 20, 2006, (71 FR 3220, January 20, 2006);
effective October 29, 2007, (72 FR 61063, October 29, 2007, and
effective March 19, 2012 (77 FR 25966, March 19, 2012).
F. What changes are we proposing with this action?
On June 13, 2017, Ohio submitted a final program revision
application, seeking authorization of changes in accordance with 40 CFR
271.21. We have determined that Ohio's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
Final Authorization. We are now proposing to authorize, subject to
receipt of written comments that oppose this action, Ohio's hazardous
waste program revision. We propose to grant Ohio Final Authorization
for the following program changes:
Table 1--Ohio's Analogs to the Federal Requirements
------------------------------------------------------------------------
Description of Federal Federal Register Analogous state
requirement date and page authority
------------------------------------------------------------------------
Deferral of LDR Phase IV December 26, OAC 3745-270-32, 3745-
Standards for PCB's as a 2000, 65 FR 270-48, 3745-270-49;
Constituent Subject to 81373. Effective September
Treatment in Soil Checklist 5, 2010.
190.
Zinc Fertilizers Made from July 24, 2002, 67 OAC 3745-51-04, 3745-
Recycled Hazardous Secondary FR 48393. 266-20, 3745-270-40;
Materials Checklist 200. Effective September
5, 2010.
[[Page 43318]]
Land Disposal Restrictions: October 7, 2002, OAC 3745-270-40;
National Treatment Variance 67 FR 62617. Effective September
to Designate New Treatment 5, 2010.
Subcategories for
Radioactively Contaminated
Cadmium, Mercury, and Silver
Containing Batteries:
Checklist 201.
Hazardous Waste Management August 5, 2005, OAC 3745-50-10, 3745-
System: Modification of the 70 FR 45507. 50-45, 3745-51-09,
Hazardous Waste Program: 3745-54-01, 3745-65-
Mercury Containing Equipment 01, 3745-270-01,
Checklist 209. 3745-273-01, 3745-
273-04, 3745-273-09,
3745-273-13, 3745-
273-14, 3745-273-32,
3745-273-33, 3745-
273-34; Effective
September 5, 2010.
Resource Conservation and April 4, 2006, 71 OAC 3745-50-24, 3745-
Recovery Act Burden Reduction FR 16861. 50-44, 3745-50-51,
Initiative Checklist 213. 3745-51-04, 3745-54-
16, 3745-54-52, 3745-
54-56, 3745-54-73,
3745-54-98, 3745-54-
99, 3745-54-100,
3745-55-13, 3745-55-
15, 3745-55-20, 3745-
55-43, 3745-55-45,
3745-55-47, 3745-55-
91, 3745-55-92, 3745-
55-93, 3745-55-95,
3745-56-51, 3745-56-
80, 3745-57-43, 3745-
57-47, 3745-57-74,
3745-57-81, 3745-57-
83, 3745-57-84, 3745-
65-16, 3745-65-52,
3745-65-56, 3745-65-
73, 3745-65-93, 3745-
66-13, 3745-66-15,
3745-66-20, 3745-66-
43, 3745-66-45, 3745-
66-47, 3745-66-91,
3745-66-92, 3745-66-
93, 3745-66-95, 3745-
66-101, 3745-67-21,
3745-67-24, 3745-67-
80, 3745-68-05, 3745-
69-41, 3745-69-43,
3745-69-44, 3745-205-
101, 3745-256-101,
3745-266-102, 3745-
266-103, 3745-270-
07, 3745-270-09;
Effective September
5, 2010.
Hazardous Waste Management July 28, 2006, 71 OAC 3745-50-10, 3745-
System: Modification of the FR 42927. 51-04, 3745-51-39,
Hazardous Waste Program: 3745-51-40, 3745-51-
Cathode Ray Tubes Checklist 41; Effective
215. September 5, 2010.
Regulation of Oil-Bearing January 2, 2008, OAC 3745-50-10, 3745-
Hazardous Secondary Materials 73 FR 57. 51-04; Effective
from the Petroleum Refining September 5, 2010.
Industry Processed in a
Gasification System to
Produce Synthesis Gas
Checklist 216.
NESHAP: National Emission April 8, 2008, 73 OAC 3745-57-40;
Standards for Hazardous Air FR 18970. Effective September
Pollutants: Standards for 5, 2010.
Hazardous Waste Combustors;
Amendments Checklist 217.
Hazardous Waste Management June 4, 2008, 73 OAC 3745-51-31;
System: Identification and FR 31756. Effective September
Listing of Hazardous Waste: 5, 2010.
Amendment to Hazardous Waste
Code F 019 Checklist 218.
Standards Applicable to December 1, 2008, OAC 3745-51-05, 3745-
Generators of Hazardous 73 FR 72991. 52-10, 3745-52-200,
Waste: Alternative 3745-52-201, 3745-52-
Requirements for Hazardous 202, 3745-52-203,
Waste Determination and 3745-52-204, 3745-52-
Accumulation of Unwanted 205, 3745-52-206,
Material at Laboratories 3745-52-207, 3745-52-
Owned by Colleges and 208, 3745-52-209,
Universities and Other 3745-52-210, 3745-52-
Eligible Academic Entities 211, 3745-52-212,
Formally Affiliated with 3745-52-213, 3745-52-
Colleges and Universities 214, 3745-52-215,
Checklist 220. 3745-52-216;
Effective September
5, 2010.
------------------------------------------------------------------------
Table 2--Equivalent State Initiated Changes
------------------------------------------------------------------------
------------------------------------------------------------------------
State Initiated Change: Ohio rules OAC 3745-54-72, 3745-
Manifest Rules. amended per 65-72; Effective
request of HQ September 5, 2010.
memo dated 5/14/
2007, regarding
manifest rule
errors.
State Initiated Change: Ohio rules OAC 3745-50-10, 3745-
Performance Track. amended per HQ 50-51, 3745-52-34,
memo dated 3/16/ 3745-52-211, 3745-54-
2009, that ended 15, 3745-65-15, 3745-
the Performance 66-74, 3745-66-95,
Track Program. 3745-66-101, 3745-
205-101, 256-101;
Effective September
5, 2010.
[[Page 43319]]
State Initiated Change: Hazardous Waste OAC 3745-50-27, 3745-
Hazardous Waste and Used Oil: and Used Oil: 51-31, 3745-51-33,
Corrections to 40 CFR. Corrections to 3745-54-01, 3745-54-
40 CFR 73, 3745-54-97, 3745-
(Additional 54-101, 3745-55-11,
corrections from 3745-55-40, 3745-55-
Checklist 214). 51, 3745-55-93, 3745-
56-21, 3745-56-23,
3745-57-03, 3745-57-
04, 3745-57-06, 3745-
57-72, 3745-57-74,
3745-57-75, 3745-65-
73, 3745-66-11, 3745-
66-12, 3745-66-40,
3745-67-21, 3745-67-
24, 3745-67-28, 3745-
67-55, 3745-67-59,
3745-68-03, 3745-68-
05, 3745-68-16, 3745-
69-43, 3745-69-45,
3745-205-101, 3745-
256-101, 3745-266-
109, 3745-270-04,
3745-270-07, 3745-
270-42, 3745-270-45,
3745-273-34, 3745-
279-01, 3745-279-11,
3745-279-43, 3745-
279-52; Effective
September 5, 2010.
State Initiated Changes....... Ohio Rules 3745-50-10, 3745-50-
Reviewed per 11, 3745-50-19, 3745-
119.032, State 50-21, 3745-50-27,
Initiated 3745-50-29, 3745-50-
Changes 30, 3745-50-38, 3745-
(housekeeping). 50-39, 3745-50-41,
3745-50-42, 3745-50-
43, 3745-50-44, 3745-
50-45, 3745-50-51,
3745-50-53, 3745-50-
58, 3745-50-62, 3745-
51-02, 3745-51-03,
3745-51-04, 3745-51-
05, 3745-51-06, 3745-
51-23, 3745-51-31,
3745-51-33, 3745-51-
39, 3745-52-10, 3745-
52-11, 3745-52-12,
3745-52-34, 3745-52-
44, 3745-54-52, 3745-
52-200, 3745-52-203,
3745-52-204, 3745-52-
205, 3745-52-206,
3745-53-11, 3745-54-
01, 3745-54-03, 3745-
54-11, 3745-54-12,
3745-54-15, 3745-54-
56, 3745-54-73, 3745-
54-77, 3745-54-97,
3745-54-98, 3745-54-
100, 3745-55-13,
3745-55-15, 3745-55-
42, 3745-55-43, 3745-
55-45, 3745-55-47,
3745-55-51, 3745-55-
91, 3745-55-92, 3745-
55-93, 3745-55-95,
3745-55-96, 3745-55-
98, 3745-56-21, 3745-
56-23, 3745-56-51,
3745-57-03, 3745-57-
06, 3745-57-40, 3745-
57-43, 3745-57-72,
3745-57-74, 3745-57-
75, 3745-57-81, 3745-
57-84, 3745-65-01,
3745-65-11, 3745-65-
15, 3745-65-56, 3745-
65-73, 3745-65-90,
3745-65-93, 3745-66-
11, 3745-66-12, 3745-
66-13, 3745-66-15,
3745-66-42, 3745-66-
43, 3745-66-44, 3745-
66-45, 3745-66-47,
3745-66-74, 3745-66-
91, 3745-66-92, 3745-
66-93, 3745-66-95,
3745-66-96, 3745-66-
98, 3745-66-101,
3745-67-21, 3745-67-
55, 3745-67-59, 3745-
68-03, 3745-68-05,
3745-68-10, 3745-68-
16, 3745-69-30, 3745-
69-41, 3745-69-43,
3745-69-44, 3745-69-
45, 3745-205-100,
3745-205-101, 3745-
205-200, 3745-205-
201, 3745-256-101,
745-256-200, 3745-
256-201, 3745-266-
20, 3745-266-80,
3745-266-102, 3745-
266-103, 3745-266-
104, 3745-266-107,
3745-266-109, 3745-
266-111, 3745-266-
201, 3745-266-202,
3745-266-203, 3745-
266-205, 745-266-
210, 3745-266-260,
3745-270-01, 3745-
270-04, 3745-270-07,
3745-270-09, 3745-
270-40, 3745-270-42,
3745-270-45, 3745-
270-48, 3745-270-49,
3745-273-09, 3745-
273-13, 3745-273-33,
3745-273-60, 3745-
279-01, 3745-279-11,
3745-279-42, 3745-
279-51, 3745-279-52,
3745-279-62, 3745-
279-73; Effective
September 5, 2010.
------------------------------------------------------------------------
G. Which revised state rules are different from the Federal rules?
Ohio has excluded the non-delegable federal requirements at 40 CFR
268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to
implement those requirements.
Only recently receiving the statutory authority, Ohio has not
adopted the rules for Subparts AA, BB and CC of 40 CFR part 264. Until
Ohio is authorized for such rules, the federal rules at 40 CFR part 264
subpart AA, BB and CC and Part 265 subpart AA, BB and CC, which are
promulgated under HSWA, still apply in Ohio. On July 14, 2006, U.S. EPA
issued a rule making several hundred corrections to errors that had
appeared in the Code of Federal Regulations (checklist 214). Ohio broke
these corrections into several rule makings. Ohio was authorized for
several of these rule corrections on March 19, 2012. In addition, a
number of the corrections had already been made in the state rules.
This action will authorize several more of the corrections that appear
in the U.S. EPA rulemaking of July 14, 2006.
Broader in Scope Rules: Ohio has proposed additions to its
Universal Wastes that will add Antifreeze, Aerosol cans and Paint
Wastes that are not already regulated as hazardous waste. As such they
are not regulated under the RCRA subtitle C program by U.S. EPA, though
Ohio EPA plans to regulate them under State law if those State
additions go into effect.
H. Who handles permits after the final authorization takes effect?
Ohio will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
which EPA issues prior to the effective date of the proposed
authorization until they expire or are terminated. We will not issue
any more new permits or new portions of permits for the provisions
listed in the Table above after the effective date of
[[Page 43320]]
the authorization. EPA will continue to implement and issue permits for
HSWA requirements for which Ohio is not yet authorized.
I. How does this action affect Indian Country (18 U.S.C. 1151) in Ohio?
Ohio is not authorized to carry out its hazardous waste program in
``Indian Country,'' as defined in 18 U.S.C. 1151. Indian Country
includes:
1. All lands within the exterior boundaries of Indian Reservations
within or abutting the State of Ohio;
2. Any land held in trust by the U.S. for an Indian tribe; and
3. Any other land, whether on or off an Indian reservation that
qualifies as Indian Country.
Therefore, this action has no effect on Indian Country. EPA retains
the authority to implement and administer the RCRA program on these
lands.
J. What is codification and is EPA codifying Ohio's hazardous waste
program as authorized in this rule?
Codification is the process of placing the state's statutes and
regulations that comprise the state's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized state rules in 40 CFR part 272. Ohio's authorized rules,
up to and including those revised June 7, 1991, have previously been
codified through the incorporation-by-reference effective February 4,
1992 (57 FR 4162). We reserve the amendment of 40 CFR part 272, subpart
KK for the codification of Ohio's program changes until a later date.
K. Statutory and Executive Order Reviews
This proposed rule only authorizes hazardous waste requirements
pursuant to RCRA 3006 and imposes no requirements other than those
imposed by state law (see Supplementary Information, Section A. Why are
Revisions to State Programs Necessary?). Therefore, this rule complies
with applicable executive orders and statutory provisions as follows:
1. Executive Order 18266: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review
The Office of Management and Budget has exempted this rule from its
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821 January 21, 2011).
2. Paperwork Reduction Act
This proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
3. Regulatory Flexibility Act
This proposed rule authorizes state requirements for the purpose of
RCRA 3006 and imposes no additional requirements beyond those required
by state law. Accordingly, I certify that this proposed rule will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
4. Unfunded Mandates Reform Act
Because this proposed rule approves pre-existing requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply
to this proposed rule because it will not have federalism implications
(i.e., 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).
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) does not
apply to this proposed rule because it will not have tribal
implications (i.e., substantial direct effects on one or more Indian
tribes, or on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes).
7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This proposed rule is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant as
defined in Executive Order 12866 and because the EPA does not have
reason to believe the environmental health or safety risks addressed by
this action present a disproportionate risk to children.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001), because it is not a significant regulatory action
as defined in Executive Order 12866.
9. National Technology Transfer Advancement Act
EPA approves state programs as long as they meet criteria required
by RCRA, so it would be inconsistent with applicable law for EPA, in
its review of a state program, to require the use of any particular
voluntary consensus standard in place of another standard that meets
the requirements of RCRA. Thus, the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply to this proposed rule.
10. Executive Order 12988
As required by Section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this proposed rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct.
11. Executive Order 12630: Evaluation of Risk and Avoidance of
Unanticipated Takings
EPA has complied with Executive Order 12630 (53 FR 8859, March 18,
1988) by examining the takings implications of the proposed rule in
accordance with the Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings issued under
the executive order.
12. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations
Because this rulemaking proposes authorization of pre-existing
state rules and imposes no additional requirements beyond those imposed
by state law and there are no anticipated significant adverse human
health or environmental effects, the proposed rule is not subject to
Executive Order 12898 (59 FR 7629, February 16, 1994).
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians--lands, Intergovernmental relations,
Penalties,
[[Page 43321]]
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of
Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act,
as amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: August 14, 2017.
Robert Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-19696 Filed 9-14-17; 8:45 am]
BILLING CODE 6560-50-P
