Arizona: Authorization of State Hazardous Waste Management Program Revisions, 60550-60554 [2017-27524]

Download as PDF 60550 Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued State approval/ submittal date State citation Title/subject * 115.469 ........................... * * Compliance Schedules ................................ * 6/15/2015 EPA approval date Explanation * * 12/21/2017 [Insert Federal Register citation]. * Division 7: Miscellaneous Industrial Adhesives * 115.471 ........................... * * Exemptions ................................................... * 6/15/2015 115.473 ........................... Control Requirements .................................. 6/15/2015 * 115.479 ........................... * * Compliance Schedules ................................ * 6/15/2015 * * 12/21/2017 [Insert Federal Register citation]. 12/21/2017 [Insert Federal Register citation]. * * * 12/21/2017 [Insert Federal Register citation]. * Subchapter F—Miscellaneous Industrial Sources Division 1: Cutback Asphalt * 115.519 ........................... * * Compliance Schedules ................................ * * * * * * * * * 6/15/2015 * * 12/21/2017 [Insert Federal Register citation]. * * * * * (e) * * * EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP Applicable geographic or non-attainment area Name of SIP provision * DFW VOC RACT Demonstration. * * DFW 2008 Ozone NAAQS non-attainment area. State submittal/ effective date * 7/10/2015 EPA approval date * * 12/21/2017 [Insert Federal Register citation]. 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: daltland on DSKBBV9HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 18:10 Dec 20, 2017 Jkt 244001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 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, E:\FR\FM\21DER1.SGM 21DER1 Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations 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. daltland on DSKBBV9HB2PROD with RULES 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 *). VerDate Sep<11>2014 18:10 Dec 20, 2017 Jkt 244001 PO 00000 Frm 00047 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 ....... Fmt 4700 Sfmt 4700 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. E:\FR\FM\21DER1.SGM 21DER1 60552 Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations 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) .... daltland on DSKBBV9HB2PROD with RULES 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 *) ........................... VerDate Sep<11>2014 18:10 Dec 20, 2017 Jkt 244001 PO 00000 Frm 00048 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 ......... Fmt 4700 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1 Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations daltland on DSKBBV9HB2PROD with RULES 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 VerDate Sep<11>2014 17:05 Dec 20, 2017 Jkt 244001 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. PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 60553 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 E:\FR\FM\21DER1.SGM 21DER1 daltland on DSKBBV9HB2PROD with RULES 60554 Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations 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]


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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.

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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