Arizona: Authorization of State Hazardous Waste Management Program Revisions, 46454-46458 [2017-21522]
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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules
relations, Operating permits, Reporting
and recordkeeping requirements.
Dated: September 25, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.
[FR Doc. 2017–21391 Filed 10–4–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R09–RCRA–2017–0523; FRL–9968–
85–Region 9]
Arizona: Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Arizona has applied to the
EPA for final authorization of changes to
its hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). These changes correspond
to certain federal rules promulgated
between May 26, 1998 and July 28, 2006
(also known as RCRA Cluster VIII
(checklist 167D) and Clusters IX through
XVII). EPA has reviewed Arizona’s
application with regards to federal
requirements and is proposing to
authorize the state’s changes.
DATES: Comments on this proposed rule
be received by November 6, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R09–RCRA–2017–0523 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
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SUMMARY:
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https://www2.epa.gov/dockets/
commenting-epa-dockets. You may also
view Arizona’s application by
contacting the Arizona Department of
Environmental Quality Records Center
at 602–771–4380, Monday through
Friday: 8:30 a.m. to 4:30 p.m.
FOR FURTHER INFORMATION CONTACT:
Laurie Amaro, U.S. Environmental
Protection Agency, Region 9, Land
Division, 75 Hawthorne Street (LND–1–
1), San Francisco, CA 94105, phone
number: 415–972–3364, email:
amaro.laurie@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs
necessary?
States which have received final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the federal
program. As the federal program
changes, states must change their
programs and ask EPA to authorize the
changes. Changes to state programs may
be necessary when federal or state
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, states must
change their programs because of
changes to EPA’s regulations in 40 Code
of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273, and 279.
B. What decisions has EPA made in this
rule?
EPA concludes that Arizona’s
application to revise its authorized
program meets all 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 proposes to
grant Arizona final authorization to
operate as part of its hazardous waste
program the changes listed below in
Section F of this document, as further
described in the authorization
application.
Arizona has responsibility for
permitting treatment, storage, and
disposal facilities within its borders
(except in Indian country) and for
carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
C. What is the effect of today’s
authorization decision?
The effect of this decision is that the
changes described in Arizona’s
authorization application will become
part of the authorized state hazardous
waste program, and therefore will be
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federally enforceable. Arizona will
continue to have primary enforcement
authority and responsibility for its state
hazardous waste program. EPA retains
its authorities under RCRA sections
3007, 3008, 3013, and 7003, including
its authority to:
• Conduct inspections, and require
monitoring, tests, analyses or reports;
• Enforce RCRA requirements,
including authorized state program
requirements, and suspend or revoke
permits; and
• Take enforcement actions regardless
of whether the state has taken its own
actions.
This action does not impose
additional requirements on the
regulated community because the
regulations for which Arizona is being
authorized by today’s action are already
effective, and are not changed by today’s
action.
D. What happens if EPA receives
comments that oppose this proposed
action?
EPA will consider all comments
received during the comment period
and address all such comments in a
final rule. You may not have another
opportunity to comment. If you want to
comment on this authorization, you
must do so at this time.
E. For what has Arizona previously
been authorized?
Arizona initially received final
authorization on November 20, 1985 to
implement its base hazardous waste
management program. Arizona received
authorization for revisions to its
program on August 6, 1991 (56 FR
37290 effective October 7, 1991), July
13, 1992 (57 FR 30905 effective
September 11, 1992), November 23,
1992 (57 FR 54932 effective January 22,
1993), October 27, 1993 (58 FR 57745
effective December 27, 1993), July18,
1995 (60 FR 36731 effective June 12,
1995), March 7, 1997 (62 FR 10464
effective May 6, 1997), October 28, 1998
(63 FR 57605–57608 effective December
28, 1998), and March 17, 2004 (69 FR
12544 effective March 17, 2004),
originally published on October 27,
2000 (65 FR 64369).
F. What changes is EPA authorizing
with today’s action?
Arizona submitted a final complete
program revision application to EPA
dated July 14, 2017 seeking
authorization of changes to its
hazardous waste program that
correspond to certain federal rules
promulgated between May 26, 1998 and
July 28, 2006 (also known as RCRA
Cluster VIII (Checklist 167D only) and
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Clusters IX (Checklists 169 and 173–
180) and Clusters X through XVII). EPA
proposes to determine, subject to receipt
of written comments that oppose this
action, that Arizona’s hazardous waste
program revisions are equivalent to,
consistent with, and no less stringent
than the federal program, and therefore
satisfy all the requirements necessary to
qualify for final authorization.
Accordingly, EPA proposes to grant
Arizona final authorization for the
following program changes:
Program Revision Changes for Federal
Rules
Arizona adopts by reference the
federal RCRA regulations in effect
January 29, 2007, at Arizona
Administrative Code (AAC) Title 18,
Chapter 8, Article 2 (AAC R18–8–260
46455
through 280 effective September 30,
2016). The federal requirements for
which the State is being authorized are
listed in the table below noting the
Arizona Administrative Register (AAR)
volume and page and the AAC
implementing rule sections. An
asterisks (*) after a checklist number
indicates a rule which is optional for
state adoption.
STATE ANALOGUES TO THE FEDERAL PROGRAM
Description of Federal requirement and checklist No.
(* indicates optional)
Federal Register volume,
page and date
Analogous Arizona Register
(volume/page) and administrative code
Mineral Processing Secondary Materials Exclusion Rule.
(Checklist 167 D *).
Petroleum Refining Process Wastes Rule. (Checklist 169) .......
63 FR 28556, May 26, 1998 ...
Land Disposal Restrictions; Treatment Standards for Spent
Potliners from Primary Aluminum Reduction Rule (K088).
(Checklist 173).
Post-Closure Permit Requirement and Closure Process Rule.
(Checklist 174 *).
HWIR-Media Rule. (Checklist 175 *) ...........................................
63 FR 51254, September 24,
1998.
6 AAR 3093, AAC R18–8–261(A), R18–8–
268, July 24, 2000.
6 AAR 3093, AAC R18–8–261, 266, 268, July
24, 2000.
6 AAR 3093, AAC R18–8–268, July 24, 2000.
Universal Waste Rule—Technical Amendments. (Checklist
176 *).
Organic Air Emission Standards: Clarification and Technical
Amendments Rule. (Checklist 177).
Petroleum Refining Process Wastes—Leachate Exemption
Rule. (Checklist 178 *).
Land Disposal Restrictions Phase IV: Treatment Standards for
Wood Preserving Wastes, and Treatment Standards for
Metal Wastes, and Zinc Micronutrient Fertilizers, and Carbamate Treatment Standards, and K088 Treatment Standards
Rule. (Checklist 179).
Test Procedures for the Analysis of Oil and Grease and NonPolar Material Rule. (Checklist 180).
Universal Waste Rule: Specific Provisions for Hazardous
Waste Lamps Rule. (Checklist 181).
Hazardous Air Pollutant Standards for Hazardous Waste Combustors Rule. (Checklist 182).
Hazardous Air Pollutant Standards for Hazardous Waste Combustors, Technical Correction Rule. (Checklist 182.1).
Land Disposal Restrictions Phase IV—Technical Corrections
Rule. (Checklist 183).
Accumulation Time for Waste Water Treatment Sludges Rule.
(Checklist 184 *).
Organobromine Production Wastes Vacatur (Checklist 185 *) ...
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Amendments to Streamline the NPDES Program Regulations;
Round Two Rule. (Checklist 186).
Petroleum Refining Process Wastes—Clarification (Checklist
187).
Hazardous Air Pollutant Standards—Technical Corrections.
(Checklist 188 *).
63 FR 42110, August 6, 1998
63 FR 56710, October 22,
1998.
63 FR 65874, November 30,
1998.
63 FR 71225, December 24,
1998.
64 FR 3381, January 21, 1999
64 FR 6806, February 11,
1999.
64 FR 25408, May 11, 1999 ...
6 AAR 3093, AAC R18–8–260, July 24, 2000.
64 FR 36466, July 6, 1999 .....
9 AAR 816, AAC R18–8–260, 261, 264, 265,
268, 270, and 273, April 15, 2003.
9 AAR 816, AAC R18–8–260, 261, 264, 265,
266, and 270, April 15, 2003.
9 AAR 816, AAC R18–8–261 and 266, April
15, 2003.
9 AAR 816, AAC R18–8–261, 262, and 268,
April 15, 2003.
9 AAR 816, AAC R18–8–262, April 15, 2003.
64 FR 52828,
1999.
64 FR 63209,
1999.
64 FR 56469,
1999.
65 FR 12378,
September 30,
November 19,
October 20,
March 8, 2000 ..
65 FR 14472, March 17, 2000
65 FR 30886, May 15, 2000 ...
65 FR 36365, June 8, 2000 ....
Chlorinated Aliphatics Listing and LDRs for Newly Identified
Wastes. (Checklist 189).
Land Disposal Restrictions Phase IV—Deferral for PCBs in
Soil. (Checklist 190).
Mixed Waste Rule. (Checklist 191 *) ..........................................
Mixture and Derived-From Rules Revisions. (Checklist 192 A *)
66 FR 27266, May 16, 2001 ...
Land Disposal Restrictions Correction. (Checklist 192 B) .........
66 FR 27266, May 16, 2001 ...
Change of Official EPA Mailing Address. (Checklist 193) .........
66 FR 34374, June 28, 2001 ..
Mixture and Derived-From Rules Revision II. (Checklist 194 *)
66 FR 50332, October 3, 2001
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6 AAR 3093, AAC R18–8–261, 262, 268, July
24, 2000.
64 FR 26315, May 14, 1999 ...
65 FR 42292, July 10, 2000.
66 FR 24270, May 14,
2001. 66 FR 35087, July 3,
2001.
65 FR 67068, November 8,
2000.
65 FR 81373, December 26,
2000.
66 FR 27218, May 16, 2001 ...
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6 AAR 3093, AAC R18–8–264, 265, 270, July
24, 2000.
6 AAR 3093, AAC R18–8–260, 261, 264, 265,
268, 270(A), (T) and (U), July 24, 2000.
6 AAR 3093, AAC R18–8–266, 273, July 24,
2000.
6 AAR 3093, AAC R18–8–262, 264, 265, July
24, 2000.
6 AAR 3093, AAC R18–8–261, July 24, 2000.
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9 AAR 816, AAC R18–8–261 and 268, April
15, 2003.
10 AAR 4364, AAC R18–8–270 and 271, December 4, 2004.
9 AAR 816, AAC R18–8–261 and 268, April
15, 2003.
10 AAR, AAC 4364 R18–8–261, 264 and 270,
December 4, 2004.
10 AAR, AAC 4364 R18–8–261 and 268, December 4, 2004.
10 AAR 4364, AAC R18–8–268, December 4,
2004.
10 AAR 4364, AAC R18–8–266, December 4,
2004.
10 AAR 4364, AAC R18–8–261 and 268, December 4, 2004.
10 AAR 4364, AAC R18–8–268, December 4,
2004.
10 AAR 4364, AAC R18–8–260, 261, 265,
December 4, 2004.
10 AAR 4364, AAC R18–8–261, December 4,
2004.
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STATE ANALOGUES TO THE FEDERAL PROGRAM—Continued
Description of Federal requirement and checklist No.
(* indicates optional)
Federal Register volume,
page and date
Analogous Arizona Register
(volume/page) and administrative code
Inorganic Chemical Manufacturing Wastes Identification and
Listing. (Checklist 195).
66 FR 58258, November 20,
2001. 67 FR 17119, April 9,
2002.
67 FR 2962, January 22, 2002
10 AAR 4364, AAC R18–8–261 and 268, December 4, 2004.
CAMU Amendments. (Checklist 196 *) .......................................
Hazardous Air Pollutant Standards for Combustors: Interim
Standards. (Checklist 197 *).
Hazardous Air Pollutant Standards for Combustors: Corrections. (Checklist 198).
Vacatur of Mineral Processing Spent Materials Being Reclaimed as Solid Wastes and TCLP Use with MGP Waste.
(Checklist 199).
Zinc Fertilizer Rule. (Checklist 200) ...........................................
Treatment Variance for Radioactively Contaminated Batteries.
(Checklist 201 *).
Hazardous Air Pollutant Standards for Hazardous Waste
Combustors- Corrections 2. (Checklist 202 *).
Recycled Used Oil Management Standards; Clarification
(§ 261.5(j) correction only) . (Checklist 203 *).
Performance Track. (Checklist 204 *) .........................................
NESHAP: Surface Coating of Automobiles and Light-Duty
Trucks. (Checklist 205 *).
Nonwastewaters from Dyes and Pigments. (Checklist 206) ......
Uniform Hazardous Waste Manifest Rule. (Checklist 207) ........
Methods Innovation Rule and SW–846 Final Update IIIB (partial; no clarifications incorporated by reference from 40 CFR
279). (Checklist 208 *).
Universal Waste Rule: Specific Provisions for Mercury Containing Equipment. (Checklist 209 *).
67 FR 67 2, February 13,
2002.
67 FR 6968, February 14,
2002.
67 FR 11251, March 13, 2002
67 FR 48393, July 24, 2002 ...
67 FR 62618, October 7, 2002
67 FR 77687, December 19,
2002.
68 FR 44659, July 30, 2003 ...
69 FR 21737, April 22, 2004.
69 FR 62217, October 25,
2004.
69 FR 22601 April 26, 2004 ...
70 FR 9138, February 24,
2005. 70 FR 35032 June
13, 2005.
70 FR 10776, March 4, 2005.
70 FR 35034, June 16,
2005.
70 FR 34538, March 4, 2005.
70 FR 44150, June 16,
2005.
70 FR 45508, August 5, 2005
Revision of Wastewater Treatment Exemptions for Hazardous 70 FR 57769, October 4, 2005
Waste Mixtures (‘‘Headworks exemptions’’). (Checklist 211 *).
NESHAP: Final Standards for Hazardous Waste Combustors 70 FR 59402, October 12,
(Phase I Final Replacement Standards and Phase II).
2005.
(Checklist 212 *).
Burden Reduction Initiative. (Checklist 213 *) ............................ 71 FR 16862, April 4, 2006 ....
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Corrections to Errors in the Code of Federal Regulations (partial; no corrections incorporated from Parts 267 or 279).
(Checklist 214).
Cathode Ray Tubes Rule. (Checklist 215 *) ...............................
G. Where are the revised state rules
different from the federal rules?
Since 1984, Arizona hazardous waste
rules have contained several procedural
requirements that are more stringent
than EPA’s. These more stringent
procedural requirements are authorized
by Arizona Revised Statutes (ARS)
section 49–922, which in directing
Arizona to adopt hazardous waste rules,
prohibits only nonprocedural standards
that are more stringent than EPA:
1. Hazardous Waste Manifests.
Arizona requires hazardous waste
generators; transporters; and treatment,
storage, and disposal facilities (TSDFs)
to provide a copy of all hazardous waste
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71 FR 40254, July 14, 2006 ...
71 FR 42928, July 28, 2006 ...
manifests to Arizona monthly. [See AAC
R18–8–262(I) and (J); R18–8–263(C),
R18–8–264(J) and R18–8–265(J).]
Federal regulations governing
distribution of copies of the manifest do
not require manifests to be provided to
the state.
2. Annual Reports. Hazardous waste
large quantity generators (LQGs) and
TSDFs must submit reports to Arizona
annually rather than every two years as
the federal regulations require. [See
AAC R18–8–260(E)(3); R18–8–262(H),
R18–8–264(I) and R18–8–265(I).] Small
quantity generators (SQGs) must also
submit annual rather than biennial
reports under R18–8–262(H).
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10 AAR 4364, AAC R18–8–260 and 264, December 4, 2004.
10 AAR 4364, AAC R18–8–264, 265, 266 and
270, December 4, 2004.
10 AAR 4364, AAC R18–8–266 and 270, December 4, 2004.
10 AAR 4364, AAC R18–8–261, December 4,
2004.
11 AAR 5523, AAC R18–8–261, 266 and 268,
February 4, 2006.
11 AAR 5523, AAC R18–8–268, February 4,
2006.
11 AAR 5523, AAC R18–8–270, February 4,
2006.
11 AAR 5523, AAC R18–8–261(H), February
4, 2006.
11 AAR 5523, AAC R18–8–262, February 4,
2006.
11 AAR 5523, AAC R18–8–264 and 265,
February 4, 2006.
12 AAR 3061, AAC R18–8–261 and 268, October 1, 2006.
12 AAR 3061, AAC R18–8–260, 261, 262,
263, 264 and 265, October 1, 2006.
12 A.A.R 3061, AAC R18–8–260, 261, 264,
265, 266, 268 and 270, October 1, 2006.
12 AAR 3061, AAC R18–8–260, 261, 264,
265, 266, 268, 270 and 273, October 1,
2006.
14 AAR 409, AAC R18–8–261, March 3,
2008.
14 AAR 409, AAC R18–8–260, 264, 265, 266
and 270, March 3, 2008.
14 AAR 409, AAC R18–8–260, 261, 264,
266, 268, and 270, March 3, 2008.
14 AAR 409, AAC R18–8–260, 261, 262,
265, 266, 267, 268, 270, 271 and
March 3, 2008.
14 AAR 409, AAC R18–8–260 and
March 3, 2008.
265,
264,
273,
261,
3. Recyclers are required to submit
annual reports to Arizona rather than no
reports at all. [AAC R18–8–261(J)].
EPA cannot delegate the federal
requirements in 40 CFR 261.39(a)(5) and
261.41 contained in the Cathode Ray
Tubes Rule set forth in 71 FR 42928,
July 28, 2006. While Arizona adopted
these requirements by reference in 14
AAR 409, AAC R18–8–260 and 261,
EPA will continue to implement these
requirements.
EPA gave notice at 80 FR 18777 of the
removal of the provisions at 40 CFR
261.4(a)(16) and 40 CFR 261.38 related
to comparable fuels due to the D.C.
Circuit’s vacatur of the ‘‘Hazardous
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Waste Combustors Revised Standards’’
Final Rule (63 FR 33782, June 19, 1998)
in Natural Res. Def. Council v. EPA, 755
F.3d 1010 (D.C. Cir. 2014). This rule was
previously adopted and approved as
part of Arizona’s authorized program,
but in light of the vacatur, EPA no
longer considers these provisions to be
part of Arizona’s federally authorized
program.
Other than the differences discussed
above, Arizona incorporates by
reference the remaining federal rules
listed in Section F; therefore, there are
no significant differences between the
remaining federal rules and the revised
state rules being authorized today.
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H. Who handles permits after the
authorization takes effect?
Arizona will issue permits for all the
provisions for which it is authorized
and will administer the permits it
issues. Section 3006(g)(1) of RCRA, 42
U.S.C. 6926(g)(1), gives EPA the
authority to issue or deny permits or
parts of permits for requirements for
which the State is not authorized.
Therefore, whenever EPA adopts
standards under HSWA for activities or
wastes not currently covered by the
authorized program, EPA may process
RCRA permits in Arizona for the new or
revised HSWA standards until Arizona
has received final authorization for such
new or revised HSWA standards. EPA
and Arizona have agreed to a joint
permitting process for facilities covered
by both the authorized program and
standards under HSWA for which the
State is not yet authorized, and for
handling existing EPA permits after the
State receives authorization.
I. How does today’s action affect Indian
country (18 U.S.C. 1151) in Arizona?
Arizona is not authorized to carry out
its hazardous waste program in Indian
country within the State, which
includes the Cocopah Tribe of Arizona;
Fort Mojave Indian Tribe of Arizona,
California & Nevada; Gila River Indian
Community of the Gila River Indian
Reservation; Havasupai Tribe of the
Havasupai Reservation; Hopi Tribe of
Arizona; Hualapai Indian Tribe of the
Hualapai Indian Reservation; Kaibab
Band of Paiute Indians of the Kaibab
Indian Reservation; Navajo Nation;
Quechan Tribe of the Fort Yuma Indian
Reservation; Salt River Pima-Maricopa
Indian Community of the Salt River
Reservation; San Carlos Apache Tribe of
the San Carlos Reservation; San Juan
Southern Paiute Tribe of Arizona;
Tohono O’odham Nation; YavapaiApache Nation of the Camp Verde
Indian Reservation; and the YavapaiPrescott Indian Tribe. Therefore, this
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action has no effect on Indian country.
EPA retains jurisdiction over Indian
country and will continue to implement
and administer the RCRA program on
these lands.
J. What is codification and is EPA
codifying Arizona’s hazardous waste
program as authorized in this rule?
Codification is the process of placing
the state’s statutes and regulations that
comprise the state’s authorized
hazardous waste program into the Code
of Federal Regulations. EPA does this by
referencing the authorized state rules in
40 CFR part 272. EPA is not codifying
the authorization of Arizona’s changes
at this time. However, EPA reserves the
amendment of 40 CFR part 272, subpart
D for this authorization of Arizona’s
program changes until a later date.
K. Administrative Requirements
The Office of Management and Budget
(OMB) has exempted this action (RCRA
State authorization) from the
requirements of Executive Order 12866
(58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011).
This action authorizes State
requirements for the purpose of RCRA
3006 and imposes no additional
requirements beyond those imposed by
State law. Therefore, this action is not
subject to review by OMB. This action
is not an Executive Order 13771 (82 FR
9339, February 3, 2017) regulatory
action because actions such as today’s
proposed authorization of Arizona’s
revised hazardous waste program under
RCRA are exempted under Executive
Order 12866. This action will not have
a significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). For the same reason,
this action also does not significantly or
uniquely affect the communities of
Tribal governments, as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not
have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
authorizes State requirements as part of
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46457
the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 May
22, 2001), because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), the EPA grants
a State’s application for authorization,
as long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for the
EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, the EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. The
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the Executive
Order. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
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
E:\FR\FM\05OCP1.SGM
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Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules
federal requirements, and impose 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. The EPA will
submit a report containing this
document and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). This action
nevertheless will be effective 60 days
after the final approval is published in
the Federal Register.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
Dated: September 26, 2017.
Alexis Strauss,
Acting Regional Administrator, Region 9.
[FR Doc. 2017–21522 Filed 10–4–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3160 and 3170
ethrower on DSK3G9T082PROD with PROPOSALS
[17X.LLWO310000.L13100000.PP0000]
RIN 1004–AE54
Waste Prevention, Production Subject
to Royalties, and Resource
Conservation; Delay and Suspension
of Certain Requirements
AGENCY:
Bureau of Land Management,
Interior.
VerDate Sep<11>2014
17:29 Oct 04, 2017
Jkt 244001
ACTION:
Proposed rule.
On November 18, 2016, the
Bureau of Land Management (BLM)
published in the Federal Register a final
rule entitled, ‘‘Waste Prevention,
Production Subject to Royalties, and
Resource Conservation’’ (2016 final
rule). The BLM is now proposing to
temporarily suspend or delay certain
requirements contained in the 2016
final rule until January 17, 2019. The
BLM is currently reviewing the 2016
final rule and wants to avoid imposing
temporary or permanent compliance
costs on operators for requirements that
may be rescinded or significantly
revised in the near future.
DATES: Send your comments on this
proposed rule to the BLM on or before
November 6, 2017. As explained later,
the BLM is also requesting that the
Office of Management and Budget
(OMB) extend the control number
(1004–0211) for the 24 information
collection activities that would continue
in this proposed rule. If you wish to
comment on this request, please note
that such comments should be sent
directly to the OMB, and that the OMB
is required to make a decision
concerning the collection of information
contained in this proposed rule between
30 and 60 days after publication of this
document in the Federal Register.
Therefore, a comment to the OMB on
the proposed information collection
revisions is best assured of being given
full consideration if the OMB receives it
by November 6, 2017.
ADDRESSES:
Mail: U.S. Department of the Interior,
Director (630), Bureau of Land
Management, Mail Stop 2134LM, 1849
C St. NW., Washington, DC 20240,
Attention: 1004–AE52.
Personal or messenger delivery: U.S.
Department of the Interior, Bureau of
Land Management, 20 M Street SE.,
Room 2134 LM, Washington, DC 20003,
Attention: Regulatory Affairs.
Federal eRulemaking Portal: https://
www.regulations.gov. In the Searchbox,
enter ‘‘RIN 1004–AE54’’ and click the
‘‘Search’’ button. Follow the
instructions at this Web site. Comments
on the information collection burdens:
Fax: Office of Management and Budget
(OMB), Office of Information and
Regulatory Affairs, Desk Officer for the
Department of the Interior, fax 202–395–
5806.
Electronic mail: OIRA_Submission@
omb.eop.gov. Please indicate
‘‘Attention: OMB Control Number 1004–
0211,’’ regardless of the method used to
submit comments on the information
collection burdens. If you submit
comments on the information collection
SUMMARY:
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
burdens, you should provide the BLM
with a copy, at one of the addresses
shown earlier in this section, so that we
can summarize all written comments
and address them in the final rule
preamble.
FOR FURTHER INFORMATION CONTACT:
Catherine Cook, Acting Division Chief,
Fluid Minerals Division, 202–912–7145,
or ccook@blm.gov, for information
regarding the substance of this proposed
rule or information about the BLM’s
Fluid Minerals program. For questions
relating to regulatory process issues,
contact Faith Bremner, Regulatory
Analyst, at 202–912–7441, or fbremner@
blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339, 24
hours a day, 7 days a week, to leave a
message or question with the above
individuals. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Discussion of the Proposed Rule
IV. Procedural Matters
I. Public Comment Procedures
If you wish to comment on this
proposed rule, you may submit your
comments by any of the methods
described in the ADDRESSES section.
Please make your comments on the
proposed rule as specific as possible,
confine them to issues pertinent to the
proposed rule, and explain the reason
for any changes you recommend. Where
possible, your comments should
reference the specific section or
paragraph of the proposal that you are
addressing. The BLM is not obligated to
consider or include in the
Administrative Record for the final rule
comments that we receive after the close
of the comment period (see DATES) or
comments delivered to an address other
than those listed above (see ADDRESSES).
Comments, including names and
street addresses of respondents, will be
available for public review at the
address listed under ‘‘ADDRESSES:
Personal or messenger delivery’’ during
regular hours (7:45 a.m. to 4:15 p.m.),
Monday through Friday, except
holidays. Before including your address,
telephone number, email address, or
other personal identifying information
in your comment, be advised that your
entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold from public review your
personal identifying information, we
E:\FR\FM\05OCP1.SGM
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Agencies
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Proposed Rules]
[Pages 46454-46458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21522]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R09-RCRA-2017-0523; FRL-9968-85-Region 9]
Arizona: Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Arizona has applied to the EPA for final authorization of
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). These changes correspond to certain federal
rules promulgated between May 26, 1998 and July 28, 2006 (also known as
RCRA Cluster VIII (checklist 167D) and Clusters IX through XVII). EPA
has reviewed Arizona's application with regards to federal requirements
and is proposing to authorize the state's changes.
DATES: Comments on this proposed rule be received by November 6, 2017.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R09-RCRA-2017-0523 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. You may also view
Arizona's application by contacting the Arizona Department of
Environmental Quality Records Center at 602-771-4380, Monday through
Friday: 8:30 a.m. to 4:30 p.m.
FOR FURTHER INFORMATION CONTACT: Laurie Amaro, U.S. Environmental
Protection Agency, Region 9, Land Division, 75 Hawthorne Street (LND-1-
1), San Francisco, CA 94105, phone number: 415-972-3364, email:
amaro.laurie@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs necessary?
States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the federal program. As the federal program changes, states must
change their programs and ask EPA to authorize the changes. Changes to
state programs may be necessary when federal or state statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, states must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273, and 279.
B. What decisions has EPA made in this rule?
EPA concludes that Arizona's application to revise its authorized
program meets all 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 proposes to grant Arizona final
authorization to operate as part of its hazardous waste program the
changes listed below in Section F of this document, as further
described in the authorization application.
Arizona has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA).
C. What is the effect of today's authorization decision?
The effect of this decision is that the changes described in
Arizona's authorization application will become part of the authorized
state hazardous waste program, and therefore will be federally
enforceable. Arizona will continue to have primary enforcement
authority and responsibility for its state hazardous waste program. EPA
retains its authorities under RCRA sections 3007, 3008, 3013, and 7003,
including its authority to:
Conduct inspections, and require monitoring, tests,
analyses or reports;
Enforce RCRA requirements, including authorized state
program requirements, and suspend or revoke permits; and
Take enforcement actions regardless of whether the state
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which Arizona is being
authorized by today's action are already effective, and are not changed
by today's action.
D. What happens if EPA receives comments that oppose this proposed
action?
EPA will consider all comments received during the comment period
and address all such comments in a final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time.
E. For what has Arizona previously been authorized?
Arizona initially received final authorization on November 20, 1985
to implement its base hazardous waste management program. Arizona
received authorization for revisions to its program on August 6, 1991
(56 FR 37290 effective October 7, 1991), July 13, 1992 (57 FR 30905
effective September 11, 1992), November 23, 1992 (57 FR 54932 effective
January 22, 1993), October 27, 1993 (58 FR 57745 effective December 27,
1993), July18, 1995 (60 FR 36731 effective June 12, 1995), March 7,
1997 (62 FR 10464 effective May 6, 1997), October 28, 1998 (63 FR
57605-57608 effective December 28, 1998), and March 17, 2004 (69 FR
12544 effective March 17, 2004), originally published on October 27,
2000 (65 FR 64369).
F. What changes is EPA authorizing with today's action?
Arizona submitted a final complete program revision application to
EPA dated July 14, 2017 seeking authorization of changes to its
hazardous waste program that correspond to certain federal rules
promulgated between May 26, 1998 and July 28, 2006 (also known as RCRA
Cluster VIII (Checklist 167D only) and
[[Page 46455]]
Clusters IX (Checklists 169 and 173-180) and Clusters X through XVII).
EPA proposes to determine, subject to receipt of written comments that
oppose this action, that Arizona's hazardous waste program revisions
are equivalent to, consistent with, and no less stringent than the
federal program, and therefore satisfy all the requirements necessary
to qualify for final authorization. Accordingly, EPA proposes to grant
Arizona final authorization for the following program changes:
Program Revision Changes for Federal Rules
Arizona adopts by reference the federal RCRA regulations in effect
January 29, 2007, at Arizona Administrative Code (AAC) Title 18,
Chapter 8, Article 2 (AAC R18-8-260 through 280 effective September 30,
2016). The federal requirements for which the State is being authorized
are listed in the table below noting the Arizona Administrative
Register (AAR) volume and page and the AAC implementing rule sections.
An asterisks (*) after a checklist number indicates a rule which is
optional for state adoption.
State Analogues to the Federal Program
------------------------------------------------------------------------
Analogous Arizona
Description of Federal Federal Register Register (volume/
requirement and checklist No. volume, page and page) and
(* indicates optional) date administrative
code
------------------------------------------------------------------------
Mineral Processing Secondary 63 FR 28556, May 6 AAR 3093, AAC
Materials Exclusion Rule. 26, 1998. R18-8-261(A), R18-
(Checklist 167 D *). 8-268, July 24,
2000.
Petroleum Refining Process 63 FR 42110, 6 AAR 3093, AAC
Wastes Rule. (Checklist 169). August 6, 1998. R18-8-261, 266,
268, July 24,
2000.
Land Disposal Restrictions; 63 FR 51254, 6 AAR 3093, AAC
Treatment Standards for Spent September 24, R18-8-268, July
Potliners from Primary Aluminum 1998. 24, 2000.
Reduction Rule (K088).
(Checklist 173).
Post-Closure Permit Requirement 63 FR 56710, 6 AAR 3093, AAC
and Closure Process Rule. October 22, 1998. R18-8-264, 265,
(Checklist 174 *). 270, July 24,
2000.
HWIR-Media Rule. (Checklist 175 63 FR 65874, 6 AAR 3093, AAC
*). November 30, 1998. R18-8-260, 261,
264, 265, 268,
270(A), (T) and
(U), July 24,
2000.
Universal Waste Rule--Technical 63 FR 71225, 6 AAR 3093, AAC
Amendments. (Checklist 176 *). December 24, 1998. R18-8-266, 273,
July 24, 2000.
Organic Air Emission Standards: 64 FR 3381, 6 AAR 3093, AAC
Clarification and Technical January 21, 1999. R18-8-262, 264,
Amendments Rule. (Checklist 265, July 24,
177). 2000.
Petroleum Refining Process 64 FR 6806, 6 AAR 3093, AAC
Wastes--Leachate Exemption February 11, 1999. R18-8-261, July
Rule. (Checklist 178 *). 24, 2000.
Land Disposal Restrictions Phase 64 FR 25408, May 6 AAR 3093, AAC
IV: Treatment Standards for 11, 1999. R18-8-261, 262,
Wood Preserving Wastes, and 268, July 24,
Treatment Standards for Metal 2000.
Wastes, and Zinc Micronutrient
Fertilizers, and Carbamate
Treatment Standards, and K088
Treatment Standards Rule.
(Checklist 179).
Test Procedures for the Analysis 64 FR 26315, May 6 AAR 3093, AAC
of Oil and Grease and Non-Polar 14, 1999. R18-8-260, July
Material Rule. (Checklist 180). 24, 2000.
Universal Waste Rule: Specific 64 FR 36466, July 9 AAR 816, AAC R18-
Provisions for Hazardous Waste 6, 1999. 8-260, 261, 264,
Lamps Rule. (Checklist 181). 265, 268, 270,
and 273, April
15, 2003.
Hazardous Air Pollutant 64 FR 52828, 9 AAR 816, AAC R18-
Standards for Hazardous Waste September 30, 8-260, 261, 264,
Combustors Rule. (Checklist 1999. 265, 266, and
182). 270, April 15,
2003.
Hazardous Air Pollutant 64 FR 63209, 9 AAR 816, AAC R18-
Standards for Hazardous Waste November 19, 1999. 8-261 and 266,
Combustors, Technical April 15, 2003.
Correction Rule. (Checklist
182.1).
Land Disposal Restrictions Phase 64 FR 56469, 9 AAR 816, AAC R18-
IV--Technical Corrections Rule. October 20, 1999. 8-261, 262, and
(Checklist 183). 268, April 15,
2003.
Accumulation Time for Waste 65 FR 12378, March 9 AAR 816, AAC R18-
Water Treatment Sludges Rule. 8, 2000. 8-262, April 15,
(Checklist 184 *). 2003.
Organobromine Production Wastes 65 FR 14472, March 9 AAR 816, AAC R18-
Vacatur (Checklist 185 *). 17, 2000. 8-261 and 268,
April 15, 2003.
Amendments to Streamline the 65 FR 30886, May 10 AAR 4364, AAC
NPDES Program Regulations; 15, 2000. R18-8-270 and
Round Two Rule. (Checklist 186). 271, December 4,
2004.
Petroleum Refining Process 65 FR 36365, June 9 AAR 816, AAC R18-
Wastes--Clarification 8, 2000. 8-261 and 268,
(Checklist 187). April 15, 2003.
Hazardous Air Pollutant 65 FR 42292, July 10 AAR, AAC 4364
Standards--Technical 10, 2000. 66 FR R18-8-261, 264
Corrections. (Checklist 188 *). 24270, May 14, and 270, December
2001. 66 FR 4, 2004.
35087, July 3,
2001.
Chlorinated Aliphatics Listing 65 FR 67068, 10 AAR, AAC 4364
and LDRs for Newly Identified November 8, 2000. R18-8-261 and
Wastes. (Checklist 189). 268, December 4,
2004.
Land Disposal Restrictions Phase 65 FR 81373, 10 AAR 4364, AAC
IV--Deferral for PCBs in Soil. December 26, 2000. R18-8-268,
(Checklist 190). December 4, 2004.
Mixed Waste Rule. (Checklist 191 66 FR 27218, May 10 AAR 4364, AAC
*). 16, 2001. R18-8-266,
December 4, 2004.
Mixture and Derived-From Rules 66 FR 27266, May 10 AAR 4364, AAC
Revisions. (Checklist 192 A *). 16, 2001. R18-8-261 and
268, December 4,
2004.
Land Disposal Restrictions 66 FR 27266, May 10 AAR 4364, AAC
Correction. (Checklist 192 B). 16, 2001. R18-8-268,
December 4, 2004.
Change of Official EPA Mailing 66 FR 34374, June 10 AAR 4364, AAC
Address. (Checklist 193). 28, 2001. R18-8-260, 261,
265, December 4,
2004.
Mixture and Derived-From Rules 66 FR 50332, 10 AAR 4364, AAC
Revision II. (Checklist 194 *). October 3, 2001. R18-8-261,
December 4, 2004.
[[Page 46456]]
Inorganic Chemical Manufacturing 66 FR 58258, 10 AAR 4364, AAC
Wastes Identification and November 20, R18-8-261 and
Listing. (Checklist 195). 2001. 67 FR 268, December 4,
17119, April 9, 2004.
2002.
CAMU Amendments. (Checklist 196 67 FR 2962, 10 AAR 4364, AAC
*). January 22, 2002. R18-8-260 and
264, December 4,
2004.
Hazardous Air Pollutant 67 FR 67 2, 10 AAR 4364, AAC
Standards for Combustors: February 13, 2002. R18-8-264, 265,
Interim Standards. (Checklist 266 and 270,
197 *). December 4, 2004.
Hazardous Air Pollutant 67 FR 6968, 10 AAR 4364, AAC
Standards for Combustors: February 14, 2002. R18-8-266 and
Corrections. (Checklist 198). 270, December 4,
2004.
Vacatur of Mineral Processing 67 FR 11251, March 10 AAR 4364, AAC
Spent Materials Being Reclaimed 13, 2002. R18-8-261,
as Solid Wastes and TCLP Use December 4, 2004.
with MGP Waste. (Checklist 199).
Zinc Fertilizer Rule. (Checklist 67 FR 48393, July 11 AAR 5523, AAC
200). 24, 2002. R18-8-261, 266
and 268, February
4, 2006.
Treatment Variance for 67 FR 62618, 11 AAR 5523, AAC
Radioactively Contaminated October 7, 2002. R18-8-268,
Batteries. (Checklist 201 *). February 4, 2006.
Hazardous Air Pollutant 67 FR 77687, 11 AAR 5523, AAC
Standards for Hazardous Waste December 19, 2002. R18-8-270,
Combustors- Corrections 2. February 4, 2006.
(Checklist 202 *).
Recycled Used Oil Management 68 FR 44659, July 11 AAR 5523, AAC
Standards; Clarification (Sec. 30, 2003. R18-8-261(H),
261.5(j) correction only) . February 4, 2006.
(Checklist 203 *).
Performance Track. (Checklist 69 FR 21737, April 11 AAR 5523, AAC
204 *). 22, 2004. 69 FR R18-8-262,
62217, October February 4, 2006.
25, 2004.
NESHAP: Surface Coating of 69 FR 22601 April 11 AAR 5523, AAC
Automobiles and Light-Duty 26, 2004. R18-8-264 and
Trucks. (Checklist 205 *). 265, February 4,
2006.
Nonwastewaters from Dyes and 70 FR 9138, 12 AAR 3061, AAC
Pigments. (Checklist 206). February 24, R18-8-261 and
2005. 70 FR 35032 268, October 1,
June 13, 2005. 2006.
Uniform Hazardous Waste Manifest 70 FR 10776, March 12 AAR 3061, AAC
Rule. (Checklist 207). 4, 2005. 70 FR R18-8-260, 261,
35034, June 16, 262, 263, 264 and
2005. 265, October 1,
2006.
Methods Innovation Rule and SW- 70 FR 34538, March 12 A.A.R 3061, AAC
846 Final Update IIIB (partial; 4, 2005. 70 FR R18-8-260, 261,
no clarifications incorporated 44150, June 16, 264, 265, 266,
by reference from 40 CFR 279). 2005. 268 and 270,
(Checklist 208 *). October 1, 2006.
Universal Waste Rule: Specific 70 FR 45508, 12 AAR 3061, AAC
Provisions for Mercury August 5, 2005. R18-8-260, 261,
Containing Equipment. 264, 265, 266,
(Checklist 209 *). 268, 270 and 273,
October 1, 2006.
Revision of Wastewater Treatment 70 FR 57769, 14 AAR 409, AAC
Exemptions for Hazardous Waste October 4, 2005. R18-8-261, March
Mixtures (``Headworks 3, 2008.
exemptions''). (Checklist 211
*).
NESHAP: Final Standards for 70 FR 59402, 14 AAR 409, AAC
Hazardous Waste Combustors October 12, 2005. R18-8-260, 264,
(Phase I Final Replacement 265, 266 and 270,
Standards and Phase II). March 3, 2008.
(Checklist 212 *).
Burden Reduction Initiative. 71 FR 16862, April 14 AAR 409, AAC
(Checklist 213 *). 4, 2006. R18-8-260, 261,
264, 265, 266,
268, and 270,
March 3, 2008.
Corrections to Errors in the 71 FR 40254, July 14 AAR 409, AAC
Code of Federal Regulations 14, 2006. R18-8-260, 261,
(partial; no corrections 262, 264, 265,
incorporated from Parts 267 or 266, 267, 268,
279). (Checklist 214). 270, 271 and 273,
March 3, 2008.
Cathode Ray Tubes Rule. 71 FR 42928, July 14 AAR 409, AAC
(Checklist 215 *). 28, 2006. R18-8-260 and
261, March 3,
2008.
------------------------------------------------------------------------
G. Where are the revised state rules different from the federal rules?
Since 1984, Arizona hazardous waste rules have contained several
procedural requirements that are more stringent than EPA's. These more
stringent procedural requirements are authorized by Arizona Revised
Statutes (ARS) section 49-922, which in directing Arizona to adopt
hazardous waste rules, prohibits only nonprocedural standards that are
more stringent than EPA:
1. Hazardous Waste Manifests. Arizona requires hazardous waste
generators; transporters; and treatment, storage, and disposal
facilities (TSDFs) to provide a copy of all hazardous waste manifests
to Arizona monthly. [See AAC R18-8-262(I) and (J); R18-8-263(C), R18-8-
264(J) and R18-8-265(J).] Federal regulations governing distribution of
copies of the manifest do not require manifests to be provided to the
state.
2. Annual Reports. Hazardous waste large quantity generators (LQGs)
and TSDFs must submit reports to Arizona annually rather than every two
years as the federal regulations require. [See AAC R18-8-260(E)(3);
R18-8-262(H), R18-8-264(I) and R18-8-265(I).] Small quantity generators
(SQGs) must also submit annual rather than biennial reports under R18-
8-262(H).
3. Recyclers are required to submit annual reports to Arizona
rather than no reports at all. [AAC R18-8-261(J)].
EPA cannot delegate the federal requirements in 40 CFR 261.39(a)(5)
and 261.41 contained in the Cathode Ray Tubes Rule set forth in 71 FR
42928, July 28, 2006. While Arizona adopted these requirements by
reference in 14 AAR 409, AAC R18-8-260 and 261, EPA will continue to
implement these requirements.
EPA gave notice at 80 FR 18777 of the removal of the provisions at
40 CFR 261.4(a)(16) and 40 CFR 261.38 related to comparable fuels due
to the D.C. Circuit's vacatur of the ``Hazardous
[[Page 46457]]
Waste Combustors Revised Standards'' Final Rule (63 FR 33782, June 19,
1998) in Natural Res. Def. Council v. EPA, 755 F.3d 1010 (D.C. Cir.
2014). This rule was previously adopted and approved as part of
Arizona's authorized program, but in light of the vacatur, EPA no
longer considers these provisions to be part of Arizona's federally
authorized program.
Other than the differences discussed above, Arizona incorporates by
reference the remaining federal rules listed in Section F; therefore,
there are no significant differences between the remaining federal
rules and the revised state rules being authorized today.
H. Who handles permits after the authorization takes effect?
Arizona will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. Section
3006(g)(1) of RCRA, 42 U.S.C. 6926(g)(1), gives EPA the authority to
issue or deny permits or parts of permits for requirements for which
the State is not authorized. Therefore, whenever EPA adopts standards
under HSWA for activities or wastes not currently covered by the
authorized program, EPA may process RCRA permits in Arizona for the new
or revised HSWA standards until Arizona has received final
authorization for such new or revised HSWA standards. EPA and Arizona
have agreed to a joint permitting process for facilities covered by
both the authorized program and standards under HSWA for which the
State is not yet authorized, and for handling existing EPA permits
after the State receives authorization.
I. How does today's action affect Indian country (18 U.S.C. 1151) in
Arizona?
Arizona is not authorized to carry out its hazardous waste program
in Indian country within the State, which includes the Cocopah Tribe of
Arizona; Fort Mojave Indian Tribe of Arizona, California & Nevada; Gila
River Indian Community of the Gila River Indian Reservation; Havasupai
Tribe of the Havasupai Reservation; Hopi Tribe of Arizona; Hualapai
Indian Tribe of the Hualapai Indian Reservation; Kaibab Band of Paiute
Indians of the Kaibab Indian Reservation; Navajo Nation; Quechan Tribe
of the Fort Yuma Indian Reservation; Salt River Pima-Maricopa Indian
Community of the Salt River Reservation; San Carlos Apache Tribe of the
San Carlos Reservation; San Juan Southern Paiute Tribe of Arizona;
Tohono O'odham Nation; Yavapai-Apache Nation of the Camp Verde Indian
Reservation; and the Yavapai-Prescott Indian Tribe. Therefore, this
action has no effect on Indian country. EPA retains jurisdiction over
Indian country and will continue to implement and administer the RCRA
program on these lands.
J. What is codification and is EPA codifying Arizona's hazardous waste
program as authorized in this rule?
Codification is the process of placing the state's statutes and
regulations that comprise the state's authorized hazardous waste
program into the Code of Federal Regulations. EPA does this by
referencing the authorized state rules in 40 CFR part 272. EPA is not
codifying the authorization of Arizona's changes at this time. However,
EPA reserves the amendment of 40 CFR part 272, subpart D for this
authorization of Arizona's program changes until a later date.
K. Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
(RCRA State authorization) from the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011). This action authorizes State requirements for the purpose of
RCRA 3006 and imposes no additional requirements beyond those imposed
by State law. Therefore, this action is not subject to review by OMB.
This action is not an Executive Order 13771 (82 FR 9339, February 3,
2017) regulatory action because actions such as today's proposed
authorization of Arizona's revised hazardous waste program under RCRA
are exempted under Executive Order 12866. This action will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this action authorizes pre-existing requirements under State law and
does not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this
action also does not significantly or uniquely affect the communities
of Tribal governments, as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). This action will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely authorizes State requirements as part of the State RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 May 22, 2001), because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA 3006(b), the EPA grants a State's application for
authorization, as long as the State meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for the EPA,
when it reviews a State authorization application, to require the use
of any particular voluntary consensus standard in place of another
standard that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). 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
[[Page 46458]]
federal requirements, and impose 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. The EPA will submit a report containing
this document and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication in the Federal Register. A major
rule cannot take effect until 60 days after it is published in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2). This action nevertheless will be effective 60 days after
the final approval is published in the Federal Register.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
Dated: September 26, 2017.
Alexis Strauss,
Acting Regional Administrator, Region 9.
[FR Doc. 2017-21522 Filed 10-4-17; 8:45 am]
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