Arizona: Authorization of State Hazardous Waste Management Program Revisions, 60550-60554 [2017-27524]
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EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
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Subchapter F—Miscellaneous Industrial Sources
Division 1: Cutback Asphalt
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EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
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submittal/
effective date
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Recovery Act (RCRA). On October 5,
2017, EPA proposed to authorize the
State’s changes. During the 30-day
comment period no adverse comments
were received.
DATES: The final authorization is
effective January 22, 2018.
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:
[FR Doc. 2017–27453 Filed 12–20–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R09–RCRA–2017–0523; FRL–9972–
09-Region 9]
Arizona: Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
A. What decisions has EPA made in this
rule?
Arizona applied to the EPA
for final authorization of changes
corresponding to certain federal
hazardous waste rules promulgated
between May 26, 1998, and July 28,
2006 (also known as RCRA Cluster VIII
(checklist 167D) and Clusters IX through
XVII) to its hazardous waste program
under the Resource Conservation and
On July 14, 2017, Arizona applied to
EPA for final authorization of changes to
the State hazardous waste program. 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 sec. 3006(b), 42 U.S.C. 6926(b),
and 40 CFR part 271. Therefore, EPA
AGENCY:
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SUMMARY:
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Comments
*
grants Arizona final authorization to
operate as part of its hazardous waste
program the changes listed below in
Section E 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).
B. 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 secs. 3007,
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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.
C. What were the comments on EPA’s
proposal and what is EPA’s response?
A single comment in support of the
action and no adverse comments were
received during the public comment
period.
D. 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), July 18,
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).
E. 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),
Cluster IX (Checklists 169 and 173–180)
and Clusters X through XVII). EPA has
60551
determined 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 grants 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. EPA is
excluding Checklist 204 Performance
Track from authorization because the
program has been discontinued. An
asterisk (*) after a checklist number
indicates a rule that is optional for state
adoption.
STATE ANALOGUES TO THE FEDERAL PROGRAM
Description of Federal Requirement and Checklist number
(* 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 .........
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.
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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 *) .......................................
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
Non-Polar 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 *).
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63 FR 42110, August 6, 1998 ......
63 FR 51254, September 24,
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 .........
64 FR 26315, May 14, 1999 .........
64 FR 36466, July 6, 1999 ...........
64 FR 52828, September 30,
1999.
64 FR 63209, November 19, 1999
64 FR 56469, October 20, 1999 ...
65 FR 12378, March 8, 2000 .......
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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.
6 AAR 3093, AAC R18–8–261, 262, 268,
July 24, 2000.
6 AAR 3093, AAC R18–8–260 July 24,
2000.
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.
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STATE ANALOGUES TO THE FEDERAL PROGRAM—Continued
Description of Federal Requirement and Checklist number
(* Indicates Optional)
Federal Register Volume, Page
and Date
Analogous Arizona Register (Volume/Page)
and Administrative Code
Organobromine Production Wastes Vacatur (Checklist 185 *)
65 FR 14472, March 17, 2000 .....
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 *).
65 FR 30886, May 15, 2000 .........
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.
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 *) ......................................
65 FR 36365, June 8, 2000 ..........
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 .........
Mixture and Derived-From Rules Revisions. (Checklist 192
A *).
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 *).
Inorganic Chemical Manufacturing Wastes Identification and
Listing. (Checklist 195).
66 FR 50332, October 3, 2001 .....
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 *).
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) ....
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Methods Innovation Rule and SW–846 Final Update IIIB
(partial; no clarifications incorporated by reference from 40
CFR part 279). (Checklist 208 *).
Universal Waste Rule: Specific Provisions for Mercury Containing Equipment. (Checklist 209 *).
Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures (‘‘Headworks exemptions’’).
(Checklist 211 *).
NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II).
(Checklist 212 *).
Burden Reduction Initiative. (Checklist 213 *) .........................
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 *) ...........................
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66 FR 27266, May 16, 2001 .........
66 FR 58258, November 20,
2001, 67 FR 17119, April 9,
2002.
67 FR 2962, January 22, 2002 .....
67 FR 6792, 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 FR44659, July 30, 2003 ..........
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 ......
70 FR 57769, October 4, 2005 .....
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.
10 AAR 4364, AAC R18–8–261 and 268 December 4, 2004.
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 R18–8–264 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 AAR 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.
70 FR 59402, October 12, 2005 ...
14 AAR 409, AAC R18–8–260, 264, 265,
266 and 270 March 3, 2008.
71 FR 16862, April 4, 2006 ..........
14 AAR 409, AAC R18–8–260, 261, 264,
265, 266, 268, and 270 March 3, 2008.
14 AAR 409, AAC R18–8–260, 261, 262,
264, 265, 266, 267, 268, 270, 271 and
273 March 3, 2008.
14 AAR 409, AAC R18–8–260 and 261
March 3, 2008.
71 FR 40254, July 14, 2006 .........
71 FR 42928, July 28, 2006 .........
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F. 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 DC
Circuit’s vacatur of the ‘‘Hazardous
Waste Combustors Revised Standards’’
Final Rule (63 FR 33782, June 19, 1998)
in Natural Res. Def. Council v. EPA, 755
F.3d 1010 (DC 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. On May 14, 2009, EPA gave
notice at 74 FR 22741 of the termination
of the National Environmental
Performance Track Program; therefore,
EPA is excluding provisions in
Arizona’s program implementing
Performance Track, Checklist 204 (11
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AAR 5523, AAC R18–8–262, February 4,
2006).
Other than the differences discussed
above, Arizona incorporates by
reference the remaining federal rules
listed in Section E; therefore, there are
no significant differences between the
remaining federal rules and the revised
State rules being authorized today.
G. 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.
H. 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
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.
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I. 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.
J. Administrative Requirements
The Office of Management and Budget
(OMB) has exempted this action (RCRA
State authorization) from the
requirements of Executive Orders 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
sec. 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
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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 sec. 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) 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
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
VerDate Sep<11>2014
17:05 Dec 20, 2017
Jkt 244001
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 will be
effective 30 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 record keeping
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: December 5, 2017.
Alexis Strauss,
Acting Regional Administrator, Region 9.
[FR Doc. 2017–27524 Filed 12–20–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 1600
[Docket ID: BLM–2016–0002;
LLWO210000.17X.L16100000.PN0000]
RIN 1004–AE39
Effectuating Congressional
Nullification of the Resource
Management Planning Rule Under the
Congressional Review Act
Bureau of Land Management,
Interior.
ACTION: Final rule; CRA revocation.
AGENCY:
By operation of the
Congressional Review Act (CRA), the
Resource Management Planning Rule
(Planning 2.0 Rule) shall be treated as if
SUMMARY:
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
it had never taken effect. The BLM
issues this document to effect the
removal of any amendments, deletions
or other modifications made by the
nullified rule, and the reversion to the
text of the regulations in effect
immediately prior to the effective date
of the Planning 2.0 Rule.
DATES: This rule is effective on
December 21, 2017.
ADDRESSES: Previous documents related
to the Resource Management Planning
Rule (Planning 2.0 Rule), published at
81 FR 89580 (December 12, 2016), are
available at www.regulations.gov in
Docket No. BLM–2016–0002.
FOR FURTHER INFORMATION CONTACT:
Leah Baker, Division Chief for Decision
Support, Planning and NEPA, at 202–
912–7282, for information relating to the
BLM’s national planning program or the
substance of this final rule. For
information on procedural matters or
the rulemaking process, you may
contact Charles Yudson, Management
Analyst for the Office of Regulatory
Affairs, at 202–912–7437. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal Relay
Service at 1–800–877–8339, to contact
these individuals. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The BLM
published the Resource Management
Planning Rule (Planning 2.0 Rule) on
December 12, 2016 (81 FR 89580). The
rule became effective on January 11,
2017. On February 7, 2017, the United
States House of Representatives passed
a resolution of disapproval (H.J. Res. 44)
of the Planning 2.0 Rule under the CRA,
5 U.S.C. 801 et seq. The Senate then
passed a resolution of disapproval (S.J.
Res. 15) on March 7, 2017 (Cong. Rec.
p. S1686–S1687). President Trump then
signed the resolution into law as Public
Law Number 115–12 on March 27, 2017.
Therefore, under the terms of the CRA,
the BLM Planning 2.0 Rule shall be
‘‘treated as though such rule had never
taken effect.’’ 5 U.S.C. 801(f).
However, because the CRA does not
include direction regarding the removal,
by the Office of the Federal Register or
otherwise, of the voided language from
the Code of Federal Regulations (CFR)
the BLM must publish this document to
effect the removal of the voided text.
This document will enable the Office of
the Federal Register to effectuate
congressional intent to remove the
voided text of the Planning 2.0 Rule as
if it had never taken effect, and restore
the previous language and prior state of
the CFR.
This action is not an exercise of the
Department’s rulemaking authority
under the Administrative Procedure
E:\FR\FM\21DER1.SGM
21DER1
]]>Agencies
[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Rules and Regulations]
[Pages 60550-60554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27524]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R09-RCRA-2017-0523; FRL-9972-09-Region 9]
Arizona: Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Arizona applied to the EPA for final authorization of changes
corresponding to certain federal hazardous waste rules promulgated
between May 26, 1998, and July 28, 2006 (also known as RCRA Cluster
VIII (checklist 167D) and Clusters IX through XVII) to its hazardous
waste program under the Resource Conservation and Recovery Act (RCRA).
On October 5, 2017, EPA proposed to authorize the State's changes.
During the 30-day comment period no adverse comments were received.
DATES: The final authorization is effective January 22, 2018.
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:
[email protected].
SUPPLEMENTARY INFORMATION:
A. What decisions has EPA made in this rule?
On July 14, 2017, Arizona applied to EPA for final authorization of
changes to the State hazardous waste program. 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 sec. 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271.
Therefore, EPA grants Arizona final authorization to operate as part of
its hazardous waste program the changes listed below in Section E 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).
B. 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 secs. 3007,
[[Page 60551]]
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.
C. What were the comments on EPA's proposal and what is EPA's response?
A single comment in support of the action and no adverse comments
were received during the public comment period.
D. 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), July 18, 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).
E. 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), Cluster IX (Checklists 169 and 173-
180) and Clusters X through XVII). EPA has determined 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 grants 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.
EPA is excluding Checklist 204 Performance Track from authorization
because the program has been discontinued. An asterisk (*) after a
checklist number indicates a rule that is optional for state adoption.
State Analogues to the Federal Program
----------------------------------------------------------------------------------------------------------------
Description of Federal Requirement Analogous Arizona
and Checklist number (* Indicates Federal Register Volume, Page and Date Register (Volume/Page)
Optional) and Administrative Code
----------------------------------------------------------------------------------------------------------------
Mineral Processing Secondary 63 FR 28556, May 26, 1998........................ 6 AAR 3093, AAC R18-8-
Materials Exclusion Rule. 261(A), R18-8-268 July
(Checklist 167 D *). 24, 2000.
Petroleum Refining Process Wastes 63 FR 42110, August 6, 1998...................... 6 AAR 3093, AAC R18-8-
Rule. (Checklist 169). 261, 266, 268 July 24,
2000.
Land Disposal Restrictions; 63 FR 51254, September 24, 1998.................. 6 AAR 3093, AAC R18-8-
Treatment Standards for Spent 268 July 24, 2000.
Potliners from Primary Aluminum
Reduction Rule (K088). (Checklist
173).
Post-Closure Permit Requirement and 63 FR 56710, October 22, 1998.................... 6 AAR 3093, AAC R18-8-
Closure Process Rule (Checklist 174 264, 265, 270 July 24,
*). 2000.
HWIR-Media Rule. (Checklist 175 *).. 63 FR 65874, November 30, 1998................... 6 AAR 3093, AAC R18-8-
260, 261, 264, 265,
268, 270(A), (T) and
(U) July 24, 2000.
Universal Waste Rule--Technical 63 FR 71225, December 24, 1998................... 6 AAR 3093, AAC R18-8-
Amendments. (Checklist 176 *). 266, 273 July 24,
2000.
Organic Air Emission Standards: 64 FR 3381, January 21, 1999..................... 6 AAR 3093, AAC R18-8-
Clarification and Technical 262, 264, 265 July 24,
Amendments Rule. (Checklist 177). 2000.
Petroleum Refining Process Wastes-- 64 FR 6806, February 11, 1999.................... 6 AAR 3093, AAC R18-8-
Leachate Exemption Rule. (Checklist 261 July 24, 2000.
178 *).
Land Disposal Restrictions Phase IV: 64 FR 25408, May 11, 1999........................ 6 AAR 3093, AAC R18-8-
Treatment Standards for Wood 261, 262, 268, July
Preserving Wastes, and Treatment 24, 2000.
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 64 FR 26315, May 14, 1999........................ 6 AAR 3093, AAC R18-8-
Oil and Grease and Non-Polar 260 July 24, 2000.
Material Rule. (Checklist 180).
Universal Waste Rule: Specific 64 FR 36466, July 6, 1999........................ 9 AAR 816, AAC R18-8-
Provisions for Hazardous Waste 260, 261,, 264, 265,
Lamps Rule. (Checklist 181). 268, 270, and 273
April 15, 2003.
Hazardous Air Pollutant Standards 64 FR 52828, September 30, 1999.................. 9 AAR 816, AAC R18-8-
for Hazardous Waste Combustors 260, 261, 264, 265,
Rule. (Checklist 182). 266,, and 270 April
15, 2003.
Hazardous Air Pollutant Standards 64 FR 63209, November 19, 1999................... 9 AAR 816, AAC R18-8-
for Hazardous Waste Combustors, 261 and 266 April 15,
Technical Correction Rule. 2003.
(Checklist 182.1).
Land Disposal Restrictions Phase IV-- 64 FR 56469, October 20, 1999.................... 9 AAR 816, AAC R18-8-
Technical Corrections Rule. 261, 262, and 268
(Checklist 183). April 15, 2003.
Accumulation Time for Waste Water 65 FR 12378, March 8, 2000....................... 9 AAR 816, AAC R18-8-
Treatment Sludges Rule. (Checklist 262 April 15, 2003.
184 *).
[[Page 60552]]
Organobromine Production Wastes 65 FR 14472, March 17, 2000...................... 9 AAR 816, AAC R18-8-
Vacatur (Checklist 185 *). 261 and 268 April 15,
2003.
Amendments to Streamline the NPDES 65 FR 30886, May 15, 2000........................ 10 AAR 4364, AAC R18-8-
Program Regulations; Round Two 270 and 271 December
Rule. (Checklist 186). 4, 2004.
Petroleum Refining Process Wastes-- 65 FR 36365, June 8, 2000........................ 9 AAR 816, AAC R18-8-
Clarification (Checklist 187). 261 and 268 April 15,
2003.
Hazardous Air Pollutant Standards-- 65 FR 42292, July 10, 2000, 66 FR 24270, May 14, 10 AAR, AAC 4364 R18-8-
Technical Corrections. (Checklist 2001, 66 FR 35087, July 3, 2001. 261, 264 and 270
188 *). December 4, 2004.
Chlorinated Aliphatics Listing and 65 FR 67068, November 8, 2000.................... 10 AAR, AAC 4364 R18-8-
LDRs for Newly Identified Wastes. 261 and 268 December
(Checklist 189). 4, 2004.
Land Disposal Restrictions Phase IV-- 65 FR 81373, December 26, 2000................... 10 AAR 4364, AAC R18-8-
Deferral for PCBs in Soil. 268 December 4, 2004.
(Checklist 190).
Mixed Waste Rule. (Checklist 191 *). 66 FR 27218, May 16, 2001........................ 10 AAR 4364, AAC R18-8-
266 December 4, 2004.
Mixture and Derived-From Rules 66 FR 27266, May 16, 2001........................ 10 AAR 4364, AAC R18-8-
Revisions. (Checklist 192 A *). 261 and 268 December
4, 2004.
Land Disposal Restrictions 66 FR 27266, May 16, 2001........................ 10 AAR 4364, AAC R18-8-
Correction. (Checklist 192 B). 268 December 4, 2004.
Change of Official EPA Mailing 66 FR 34374, June 28, 2001....................... 10 AAR 4364, AAC R18-8-
Address. (Checklist 193). 260, 261, 265 December
4, 2004.
Mixture and Derived-From Rules 66 FR 50332, October 3, 2001..................... 10 AAR 4364, AAC R18-8-
Revision II. (Checklist 194 *). 261 December 4, 2004.
Inorganic Chemical Manufacturing 66 FR 58258, November 20, 2001, 67 FR 17119, 10 AAR 4364, AAC R18-8-
Wastes Identification and Listing. April 9, 2002. 261 and 268 December
(Checklist 195). 4, 2004.
CAMU Amendments. (Checklist 196 *).. 67 FR 2962, January 22, 2002..................... 10 AAR 4364, AAC R18-8-
260 and 264 December
4, 2004.
Hazardous Air Pollutant Standards 67 FR 6792, February 13, 2002.................... 10 AAR 4364, AAC R18-8-
for Combustors: Interim Standards. 264, 265, 266 and 270
(Checklist 197 *). December 4, 2004.
Hazardous Air Pollutant Standards 67 FR 6968, February 14, 2002.................... 10 AAR 4364, AAC R18-8-
for Combustors: Corrections. 266 and 270 December
(Checklist 198). 4, 2004.
Vacatur of Mineral Processing Spent 67 FR 11251, March 13, 2002...................... 10 AAR 4364, AAC R18-8-
Materials Being Reclaimed as Solid 261, December 4, 2004.
Wastes and TCLP Use with MGP Waste.
(Checklist 199).
Zinc Fertilizer Rule. (Checklist 67 FR 48393, July 24, 2002....................... 11 AAR 5523, AAC R18-8-
200). 261, 266 and 268,
February 4, 2006.
Treatment Variance for Radioactively 67 FR 62618, October 7, 2002..................... 11 AAR 5523, AAC R18-8-
Contaminated Batteries. (Checklist 268 February 4, 2006.
201 *).
Hazardous Air Pollutant Standards 67 FR 77687, December 19, 2002................... 11 AAR 5523, AAC R18-8-
for Hazardous Waste Combustors: 270 February 4, 2006.
Corrections 2. (Checklist 202 *).
Recycled Used Oil Management 68 FR44659, July 30, 2003........................ 11 AAR 5523, AAC R18-8-
Standards; Clarification (Sec. 261(H) February 4,
261.5(j) correction only). 2006.
(Checklist 203 *).
NESHAP: Surface Coating of 69 FR 22601 April 26, 2004....................... 11 AAR 5523, AAC R18-8-
Automobiles and Light-Duty Trucks. 264 and 265 February
(Checklist 205 *). 4, 2006.
Nonwastewaters from Dyes and 70 FR 9138, February 24, 2005, 70 FR 35032 June 12 AAR 3061, AAC R18-8-
Pigments. (Checklist 206). 13, 2005. 261 and 268 October 1,
2006.
Uniform Hazardous Waste Manifest 70 FR 10776, March 4, 2005, 70 FR 35034, June 16, 12 AAR 3061, AAC R18-8-
Rule. (Checklist 207). 2005. 260, 261, 262, 263,
264 and, 265 October
1, 2006.
Methods Innovation Rule and SW-846 70 FR 34538, March 4, 2005, 70 FR 44150, June 16, 12 AAR 3061, AAC R18-8-
Final Update IIIB (partial; no 2005. 260, 261, 264, 265,
clarifications incorporated by 266, 268 and 270
reference from 40 CFR part 279). October 1, 2006.
(Checklist 208 *).
Universal Waste Rule: Specific 70 FR 45508, August 5, 2005...................... 12 AAR 3061, AAC R18-8-
Provisions for Mercury Containing 260, 261, 264, 265,
Equipment. (Checklist 209 *). 266, 268, 270 and 273
October 1, 2006.
Revision of Wastewater Treatment 70 FR 57769, October 4, 2005..................... 14 AAR 409, AAC R18-8-
Exemptions for Hazardous Waste 261 March 3, 2008.
Mixtures (``Headworks
exemptions''). (Checklist 211 *).
NESHAP: Final Standards for 70 FR 59402, October 12, 2005.................... 14 AAR 409, AAC R18-8-
Hazardous Waste Combustors (Phase I 260, 264, 265, 266 and
Final Replacement Standards and 270 March 3, 2008.
Phase II). (Checklist 212 *).
Burden Reduction Initiative. 71 FR 16862, April 4, 2006....................... 14 AAR 409, AAC R18-8-
(Checklist 213 *). 260, 261, 264, 265,
266, 268, and 270
March 3, 2008.
Corrections to Errors in the Code of 71 FR 40254, July 14, 2006....................... 14 AAR 409, AAC R18-8-
Federal Regulations (partial; no 260, 261, 262, 264,
corrections incorporated from Parts 265, 266, 267, 268,
267 or 279). (Checklist 214). 270, 271 and 273 March
3, 2008.
Cathode Ray Tubes Rule. (Checklist 71 FR 42928, July 28, 2006....................... 14 AAR 409, AAC R18-8-
215 *). 260 and 261 March 3,
2008.
----------------------------------------------------------------------------------------------------------------
[[Page 60553]]
F. 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 DC Circuit's vacatur of the ``Hazardous Waste Combustors Revised
Standards'' Final Rule (63 FR 33782, June 19, 1998) in Natural Res.
Def. Council v. EPA, 755 F.3d 1010 (DC 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. On May
14, 2009, EPA gave notice at 74 FR 22741 of the termination of the
National Environmental Performance Track Program; therefore, EPA is
excluding provisions in Arizona's program implementing Performance
Track, Checklist 204 (11 AAR 5523, AAC R18-8-262, February 4, 2006).
Other than the differences discussed above, Arizona incorporates by
reference the remaining federal rules listed in Section E; therefore,
there are no significant differences between the remaining federal
rules and the revised State rules being authorized today.
G. 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.
H. 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.
I. 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.
J. Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
(RCRA State authorization) from the requirements of Executive Orders
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 sec. 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
[[Page 60554]]
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 sec. 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) 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 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 will be effective 30 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 record keeping 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: December 5, 2017.
Alexis Strauss,
Acting Regional Administrator, Region 9.
[FR Doc. 2017-27524 Filed 12-20-17; 8:45 am]
BILLING CODE 6560-50-P
