District of Columbia: Proposed Authorization of District Hazardous Waste Management Program Revisions, 26917-26922 [2018-12507]
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demonstrated that a tribe has
jurisdiction, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
www.regulations.gov and at the EPA
Region IX Office (see the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA because this action does not
impose additional requirements beyond
those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
State, local, or tribal governments, or to
the private sector, will result from this
action.
E. Executive Order 13132: Federalism
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This action does not have federalism
implications. It 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.
F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because the SIP is not
approved to apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
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G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
List of Subjects in 40 CFR Part 52
Air pollution control, Environmental
protection, Incorporation by reference,
Intergovernmental relations, New
Source Review, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 18, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2018–12390 Filed 6–8–18; 8:45 am]
BILLING CODE 6560–50–P
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26917
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R03–RCRA–2017–0553; FRL–9979–
06—Region 3]
District of Columbia: Proposed
Authorization of District Hazardous
Waste Management Program
Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The District of Columbia (the
District) has applied to the United States
Environmental Protection Agency (EPA)
for final authorization of revisions to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA has reviewed the
District’s application, and has
determined that these revisions satisfy
all requirements needed to qualify for
final authorization. As a result, by this
proposed rule, EPA is proposing to
authorize the District’s revisions and is
seeking public comment prior to taking
final action.
DATES: Comments on this proposed rule
must be received by July 11, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
RCRA–2017–0553, by one of the
following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
2. Email: kinslow.sara@epa.gov.
3. Mail: Sara Kinslow, U.S. EPA
Region III, RCRA Waste Branch,
Mailcode 3LC32, 1650 Arch Street,
Philadelphia, PA 19103–2029.
4. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
You may view and copy the District’s
application from 9:00 a.m. to 5:00 p.m.,
Monday through Friday at the following
locations: District of Columbia
Department of Energy and Environment,
Environmental Services Administration,
Hazardous Waste Branch, 1200 First
Street NE, 5th Floor, Washington, DC,
Phone number: (202) 654–6031, Attn:
Barbara Williams; and EPA Region III,
Library, 2nd Floor, 1650 Arch Street,
Philadelphia, PA 19103–2029, Phone
number: (215) 814–5254.
Instructions: EPA must receive your
comments by July 11, 2018. Direct your
comments to Docket ID No. EPA–R03–
RCRA–2017–0553. EPA’s policy is that
all comments received will be included
SUMMARY:
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in the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI), or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
Federal regulations website, https://
www.regulations.gov, is an ‘‘anonymous
access’’ system, which means EPA will
not know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to EPA without
going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. (For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at
www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket
are listed in the https://
www.regulation.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically at https://
www.regulations.gov or in hard copy.
FOR FURTHER INFORMATION CONTACT: Sara
Kinslow, U.S. EPA Region III, RCRA
Waste Branch, Mailcode 3LC32, 1650
Arch Street, Philadelphia, PA 19103–
2029; Phone: 215–814–5577.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs
necessary?
States that have received final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
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and no less stringent than the Federal
program. As the Federal program is
revised to become more stringent or
broader in scope, States must revise
their programs and apply to EPA to
authorize the revisions. Authorization of
revisions to State programs may be
necessary when Federal or State
statutory or regulatory authority is
modified or when certain other
revisions occur. Most commonly, States
must revise their programs because of
revisions to EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273, and 279.
B. What decisions are proposed in this
rule?
On August 15, 2012, the District
submitted a final program revision
application (with subsequent
corrections) seeking authorization of
revisions to its hazardous waste
program that correspond to certain
Federal rules promulgated between
January 14, 1985 and July 1, 2004. EPA
concludes that the District’s application
to revise its authorized program meets
all of the statutory and regulatory
requirements established by RCRA, as
set forth in RCRA section 3006(b), 42
U.S.C. 6926(b), and 40 CFR part 271.
Therefore, EPA proposes to authorize
revisions to the District’s hazardous
waste program with the revisions
described in its authorization
application, and as listed below in
Section G of this document.
The District has responsibility for
permitting treatment, storage, and
disposal facilities within its borders and
for carrying out the aspects of the RCRA
program described in its application,
subject to the limitations of the
Hazardous and Solid Waste
Amendments of 1984 (HSWA). New
Federal requirements and prohibitions
imposed by Federal regulations that
EPA promulgates under the authority of
HSWA take effect in authorized States
before they are authorized for the
requirements. Thus, EPA will
implement those HSWA requirements
and prohibitions for which the District
has not been authorized, including
issuing HSWA permits, until the District
is granted authorization to do so.
C. What is the effect of today’s proposed
authorization decision?
This proposal to authorize revisions
to the District’s authorized hazardous
waste program will not impose
additional requirements on the
regulated community because the
regulations for which the District has
requested federal authorization are
already effective under District law and
are not changed by today’s action. The
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District has enforcement responsibilities
under its District hazardous waste
program for violations of its program,
but EPA retains its authority under
RCRA sections 3007, 3008, 3013, and
7003, which include, among others,
authority to:
• Perform inspections, and require
monitoring, tests, analyses, or reports;
• Enforce RCRA requirements and
suspend or revoke permits; and
• Take enforcement actions regardless
of whether the District has taken its own
actions.
D. What happens if EPA receives
comments on this proposed action?
If EPA receives comments on this
proposed action, we will address those
comments in our final action. If you
want to comment on this proposed
action, you must do so at this time. You
may not have another opportunity to
comment.
E. What has the District of Columbia
previously been authorized for?
The District initially received final
authorization effective March 22, 1985
(50 FR 9427, March 8, 1985) to
implement its base hazardous waste
management program. EPA granted
authorization for revisions to the
District’s regulatory program on
September 10, 2001, effective November
9, 2001 (66 FR 46961).
The District’s previously-authorized
hazardous waste program was
administered through the District of
Columbia Department of Health.
However, on February 15, 2006, the
District established the District
Department of Environment (DDOE) and
reassigned the hazardous waste program
to DDOE. On July 23, 2015, DDOE was
renamed as the Department of Energy
and Environment (DOEE). This name
change occurred after the District
submitted a program revision
application. As such, both DDOE and
DOEE appear in the District’s final
program revision application (and
subsequent corrections). The DOEE’s
Hazardous Waste Branch within its
Toxic Substances Division has authority
to implement the District’s hazardous
waste program.
F. What revisions is EPA proposing
with this proposed action?
On August 15, 2012, the District
submitted a final program revision
application (with subsequent
corrections), seeking authorization of
additional revisions to its program in
accordance with 40 CFR 271.21. As
described in Section F, the District has
proposed to transfer the authority to
administer the approved program from
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the District of Columbia Department of
Health to DOEE. The District’s revision
application also includes the District’s
statutory and regulatory changes to the
District’s authorized hazardous waste
program, including adoption of the
Federal hazardous waste regulations
published through July 1, 2004 (RCRA
Cluster XIV), with certain exceptions
described in Section H. The District’s
revised statutes and regulations are
equivalent to, and no less stringent than,
the analogous Federal requirements.
The District seeks authority to
administer the Federal requirements
that are listed in Table 1 below.
Effective October 28, 2005, the District
incorporates by reference these Federal
provisions. This table lists the District’s
analogous requirements that are being
recognized as no less stringent than the
analogous Federal requirements.
The District’s regulatory references
are to Title 20 of the District of
Columbia Municipal Regulations
(DCMR), Chapters 42 and 43, as
amended effective October 28, 2005.
The District’s statutory authority for its
hazardous waste program is based on
the District of Columbia Hazardous
26919
Waste Management Act of 1977, DC
Official Code § 8–1301 et seq. The
District’s application also includes a
revised Program Description, which
provides a description of the hazardous
waste regulatory program in the District.
In this proposed rule, EPA proposes,
subject to public review and comment,
that the District’s hazardous waste
program revision application satisfies
all of the requirements necessary to
qualify for final authorization.
Therefore, EPA is proposing to
authorize the District for the following
program revisions:
TABLE 1—THE DISTRICT OF COLUMBIA’S ANALOGS TO THE FEDERAL REQUIREMENTS
Federal requirement
Analogous District of Columbia authority
40 CFR part 260—Hazardous Waste Management System:
General, as of July 1, 2004.
Title 20 District of Columbia Municipal Regulations (20 DCMR) 4200, 4202.1,
4260.1 through 4260.7 (except 4260.4(e)). (More stringent provisions:
4206.2).
20 DCMR 4261.1 through 4261.6, and 4261.8 through 4261.10. (More stringent provisions: 4204.1, 4206.2, and 4261.7).
20 DCMR 4201.9, 4204.1, 4204.3 through 4204.5, 4262.1 through 4262.3,
4262.5, and 4262.7. (More stringent provisions: 4205.1, 4206.1, 4206.2,
4262.4, and 4262.6).
20 DCMR 4204.1, 4204.2, 4204.5, and 4263.1. (More stringent provisions:
4205.1, 4206.2, and 4263.2 through 4263.5).
20 DCMR 4201.9, 4204.2, 4264.1 through 4264.2(a)(3), and 4264.2(b) through
4264.12. (More stringent provisions: 4202.3 introduction and (a) through (e),
(h), and (k), 4205.1, 4206.1, 4206.2, and 4264.2(a)(4)).
20 DCMR 4201.9, 4265.1 through 4265.2(a)(3), 4265.2(b) through 4265.6, and
4265.8 through 4265.11. (More stringent provisions: 4202.3 introduction and
(a) through (e), (h), and (k), 4205.1, 4206.2, 4265.2(a)(4), 4265.7.
20 DCMR 4201.9 and 4266.1 through 4266.3. (More stringent provisions:
4206.2).
40 CFR part 261—Identification and Listing of Hazardous
Waste, as of July 1, 2004.
40 CFR part 262—Standards Applicable to the Generators of
Hazardous Waste, as of July 1, 2004.
40 CFR part 263—Standards Applicable to the Transporters of
Hazardous Waste, as of July 1, 2004.
40 CFR part 264—Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, as
of July 1, 2004.
40 CFR part 265—Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, as of July 1, 2004.
40 CFR part 266—Standards for the Management of Specific
Hazardous Wastes and Specific Types of Hazardous Waste
Management Facilities, as of July 1, 2004.
40 CFR part 268—Land Disposal Restrictions, as of July 1,
2004.
40 CFR part 270—The Hazardous Waste Permit Program, as
of July 1, 2004.
40 CFR part 273—Standards for Universal Waste Management,
as of July 1, 2004.
40 CFR part 279—Standards for the Management of Used Oil,
as of July 1, 2004.
G. Where are the revised District rules
different from the Federal rules?
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1. District of Columbia Requirements
That Are Broader in Scope
The District hazardous waste program
contains certain provisions that are
broader than the scope of the Federal
program. These broader in scope
provisions are not part of the program
EPA is proposing to authorize. EPA
cannot enforce requirements that are
broader in scope, although compliance
with such provisions is required by
District law. Examples of broader in
scope provisions of the District’s
program include, but are not limited to,
the following:
(a) 20 DCMR 4260.4(e) defines, and 20
DCMR Section 4203 identifies specific
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20 DCMR 4268.1 through 4268.3. (More stringent provisions: 4202.2,
4202.3(e), and 4206.2).
20 DCMR 4270.1, 4270.2, 4270.4 through 4270.14, 4271.1 through 4271.4(a),
4271.6 through 4271.9(a), 4316. (More stringent provisions: 4206.2, 4270.3,
4271.4(b), 4271.5, 4271.9(b).
20 DCMR 4273.1 and 4273.5. (More stringent provisions: 4206.2 and 4273.2
through 4273.4).
20 DCMR 4279.1, 4279.2, 4279.4, 4279.7(c), 4279.9, and 4279.10. (More
stringent provisions: 4202.3 (introduction), and (i), 4205.1, 4206.1, 4206.2,
4279.3, 4279.5 through 4279.7(b), and 4279.8).
procedures for listing, solid wastes that
are not considered hazardous wastes
under 40 CFR part 261, but which the
District may determine to regulate as
hazardous wastes under 20 DCMR
Chapters 42 and 43. Such District-only
wastes would make the District’s
universe of regulated hazardous waste
larger than EPA’s and, therefore, broader
in scope.
(b) At 20 DCMR Section 4390, the
District requires permit application fees
from generators, owners or operators of
transfer facilities, and hazardous waste
storage, treatment, and disposal
facilities.
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2. District of Columbia Requirements
That Are More Stringent Than the
Federal Program
The District hazardous waste program
contains several provisions that are
more stringent than the RCRA program
as codified in the July 1, 2004 edition
of Title 40 of the CFR. More stringent
provisions are part of a Federallyauthorized program and are, therefore,
Federally-enforceable. Under this
proposed action, EPA would authorize
the District program for each more
stringent provision. The specific more
stringent provisions are also noted in
Table 1. They include, but are not
limited to, the following:
(a) At 20 DCMR 4261.7, the District
subjects generators of no more than 100
kilograms in a calendar month to the
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notification requirements at 20 DCMR
4204.1, rather than the reduced
requirements in the Federal regulations
for this group of generators.
Additionally, the District does not
incorporate the Federal provision at 40
CFR 261.5(j) that allows conditionally
exempt small quantity generator waste
that is mixed with used oil to be
managed as used oil. Instead, the
District requires such a mixture to be
managed as hazardous waste.
(b) In addition to the requirements of
40 CFR part 265, subpart I, 20 DCMR
4265.7 requires generators storing waste
in containers to also comply with the
containment system requirements of 40
CFR 264.175 and the closure
requirements of 40 CFR 264.178.
(c) At 20 DCMR 4262.4, the District
limits hazardous waste satellite
accumulation to 90 days (180 days or
270 days for generators of greater than
100 kilograms but less than 1,000
kilograms), and requires that containers
in satellite accumulation areas are
marked with an accumulation start date.
The Federal requirements do not have a
dating requirement or time limit for
satellite accumulation as long as no
more than 55 gallons of non-acute waste
or one quart of acute waste is
accumulated.
(d) In the District, transfer facilities
are considered to be storage facilities
and subject to full regulation under 20
DCMR Chapters 42 and 43, rather than
the reduced requirements of the federal
regulations. The District requirements
are found at 20 DCMR 4264.2(a)(4) and
4265.2(a)(4).
(e) The District has a prohibition at 20
DCMR 4202.3 on any land-based
treatment, storage, or disposal of
hazardous waste within the District.
This prohibition includes surface
impoundments, waste piles, landfills,
road treatment, and any other land
application of hazardous waste. The
District also prohibits land disposal,
incineration, and underground injection
of hazardous waste, and prohibits
burning, processing, or incineration of
hazardous waste, hazardous waste fuels,
or mixtures of hazardous wastes and
other materials in any type of
incinerator, boiler, or industrial furnace.
The Federal program does not include
such prohibitions.
(f) Unlike the Federal program, the
District (at 20 DCMR 4202.3) prohibits
the burning of both on- and offspecification used oil in the District,
and prohibits the use of used oil as a
dust suppressant.
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3. Federal Requirements for Which the
District of Columbia Is Not Seeking
Authorization
A number of the District’s regulations
are not part of the program revisions
EPA is proposing to authorize. Those
provisions include, but are not limited
to, the following:
(a) The District has regulations
defining how program information is to
be shared with the public, but is not
seeking authorization for the
Availability of Information requirements
relative to RCRA section 3006(f).
(b) The District is not seeking
authority for the Federal corrective
action program. EPA will continue to
administer this part of the program.
(c) The District has incorporated the
Federal hazardous waste export
provisions as codified in the July 1,
2004 edition of Title 40, parts 262 and
264 of the CFR into 20 DCMR Sections
4262 and 4264. However, the District is
not seeking authorization for these
provisions at this time. EPA will
continue to implement those
requirements as appropriate.
(d) 20 DCMR Section 4266
incorporates the mixed waste provisions
as codified in the July 1, 2004 edition
of Title 40 of the CFR, but the District
has not yet been authorized, nor is the
District now seeking authorization, to
implement the mixed waste regulations.
The provisions at 20 DCMR 4266.1 and
4266.3 will become effective in the
District when the District is authorized
for the mixed waste rules.
H. Who handles permits after the
authorization takes effect?
The District will continue to issue
permits covering all the provisions for
which it is authorized and will
administer the permits it issues. EPA
will continue to administer any RCRA
hazardous waste permits or portions of
permits that EPA issued prior to the
effective date of this authorization in
accordance with the signed
Memorandum of Agreement, dated
March 10, 2017, which is included with
this program revision application. Until
such time as formal transfer of EPA
permit responsibility to the District
occurs and EPA terminates its permit,
EPA and the District agree to coordinate
the administration of permits in order to
maintain consistency. EPA will not
issue any new permits or new portions
of permits for the provisions listed in
Section G after the effective date of this
authorization. EPA will continue to
implement and issue permits for HSWA
requirements for which the District is
not yet authorized.
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I. How would this proposed action
affect Indian Country (18 U.S.C. 115) in
the District of Columbia?
The District is not seeking authority to
operate the program on Indian lands,
since there are no Federally-recognized
Indian Lands in the District.
J. Statutory and Executive Order
Reviews
This authorization revises the
District’s authorized hazardous waste
management program pursuant to
Section 3006 of RCRA and imposes no
requirements other than those currently
imposed by District law. This
authorization complies with applicable
executive orders and statutory
provisions as follows:
1. Executive Order 12866
Under Executive Order (E.O.) 12866
(58 FR 51735, October 4, 1993), Federal
agencies must determine whether the
regulatory action is ‘‘significant’’, and
therefore subject to Office of
Management and Budget (OMB) review
and the requirements of the E.O. The
E.O. defines ‘‘significant regulatory
action’’ as one that is likely to result in
a rule that may: (1) Have an annual
effect on the economy of $100 million
or more, or adversely affect in a material
way, the economy, a sector of the
economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs, or the rights and obligations
of recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the E.O. EPA
has determined that this authorization is
not a ‘‘significant regulatory action’’
under the terms of E.O. 12866 and is
therefore not subject to OMB review.
2. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq., because this
authorization does not establish or
modify any information or
recordkeeping requirements for the
regulated community and only seeks to
authorize the pre-existing requirements
under State law and imposes no
additional requirements beyond those
imposed by State law.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
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or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing, and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in title 40
of the CFR are listed in 40 CFR part 9.
3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
generally requires Federal agencies to
prepare a regulatory flexibility analysis
of any rule subject to notice and
comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions. For
purposes of assessing the impacts of this
authorization on small entities, small
entity is defined as: (1) A small business
defined by the Small Business
Administration’s size regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district, or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field. I certify that this
authorization will not have a significant
economic impact on a substantial
number of small entities because the
authorization will only have the effect
of authorizing pre-existing requirements
under State law and imposes no
additional requirements beyond those
imposed by State law.
4. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act (UMRA) of 1995 (Pub. L.
104–4) establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
VerDate Sep<11>2014
17:25 Jun 08, 2018
Jkt 244001
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most costeffective or least burdensome alternative
that achieves the objectives of the rule.
The provisions of section 205 do not
apply when they are inconsistent with
applicable law. Moreover, section 205
allows EPA to adopt an alternative other
than the least costly, most cost-effective,
or least burdensome alternative if the
Administrator publishes with the rule
an explanation why the alternative was
not adopted. Before EPA establishes any
regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements. This
authorization contains no Federal
mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local, or tribal governments or the
private sector. It imposes no new
enforceable duty on any State, local or
tribal governments or the private sector.
Similarly, EPA has also determined that
this authorization contains no
regulatory requirements that might
significantly or uniquely affect small
government entities. Thus, this
authorization is not subject to the
requirements of sections 202 and 203 of
the UMRA.
5. Executive Order 13132: Federalism
This authorization does not have
federalism implications. It 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 various levels of
government, as specified in E.O. 13132
(64 FR 43255, August 10, 1999). This
document authorizes pre-existing State
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26921
rules. Thus, E.O. 13132 does not apply
to this authorization. In the spirit of E.O.
13132, and consistent with EPA policy
to promote communications between
EPA and State and local governments,
EPA specifically solicited comment on
this authorization from State and local
officials.
6. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (59 FR
22951, November 9, 2000), requires the
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by tribal officials in the development of
regulatory policies that have tribal
implications.’’ This authorization does
not have tribal implications, as specified
in E.O. 13175 because EPA retains its
authority over Indian Country. Thus,
E.O. 13175 does not apply to this
authorization.
7. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the E.O. has the
potential to influence the regulation.
This action is not subject to E.O. 13045
because it proposes to approve a State
program.
8. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This authorization 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’’ as defined under E.O.
12866, as discussed in detail above.
9. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), (Pub. L. 104–
113, 12(d)) (15 U.S.C. 272), directs EPA
to use voluntary consensus standards in
its regulatory activities unless to do so
would be inconsistent with applicable
law or otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus bodies.
The NTTAA directs EPA to provide
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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules
Congress, through OMB, explanations
when the Federal agency decides not to
use available and applicable voluntary
consensus standards. This authorization
does not involve technical standards.
Therefore, EPA is not considering the
use of any voluntary consensus
standards.
10. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
daltland on DSKBBV9HB2PROD with PROPOSALS
The Congressional Review Act, 5
U.S.C. 801–808, generally provides that
before a rule may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. EPA will submit a report
containing this document and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2).
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,
Jkt 244001
Dated: May 2, 2018.
Cosmo Servidio,
Regional Administrator, U.S. EPA Region III.
BILLING CODE 6560–50–P
11. The Congressional Review Act, 5
U.S.C. 801–808
17:25 Jun 08, 2018
Authority: This proposed action is issued
under the authority of sections 2002(a), 3006
and 7004(b) of the Solid Waste Disposal Act,
as amended, 42 U.S.C. 6912(a), 6926, 6974(b).
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2018–0159; FRL–9978–76]
RIN 2070–AK45
Asbestos; Significant New Use Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Under the Toxic Substances
Control Act (TSCA), EPA is proposing a
significant new use rule (SNUR) for
asbestos as defined under the Asbestos
Hazard Emergency Response Act. The
proposed significant new use of asbestos
(including as part of an article) is
manufacturing (including importing) or
processing for certain uses identified by
EPA as no longer ongoing. The Agency
has found no information indicating
that the following uses are ongoing, and
therefore, the following uses are subject
to this proposed SNUR: Adhesives,
sealants, and roof and non-roof coatings;
arc chutes; beater-add gaskets; extruded
sealant tape and other tape; filler for
acetylene cylinders; high-grade
electrical paper; millboard; missile
liner; pipeline wrap; reinforced plastics;
roofing felt; separators in fuel cells and
batteries; vinyl-asbestos floor tile; and
any other building material (other than
cement). Persons subject to the SNUR
would be required to notify EPA at least
90 days before commencing any
manufacturing (including importing) or
processing of asbestos (including as part
of an article) for a significant new use.
The required notification initiates EPA’s
evaluation of the conditions of use
associated with the intended use within
the applicable review period.
Manufacturing (including importing)
and processing (including as part of an
article) for the significant new use may
not commence until EPA has conducted
a review of the notice, made an
appropriate determination on the notice,
and taken such actions as are required
in association with that determination.
SUMMARY:
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Comments must be received on
or before August 10, 2018.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2018–0159, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
DATES:
[FR Doc. 2018–12507 Filed 6–8–18; 8:45 am]
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. EPA
has determined that this authorization
will not have disproportionately high
and adverse human health or
environmental effects on minority or
low-income populations. This
authorization does not affect the level of
protection provided to human health or
the environment because this document
authorizes pre-existing State rules
which are equivalent to and no less
stringent than existing Federal
requirements.
VerDate Sep<11>2014
Reporting and recordkeeping
requirements.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Robert Courtnage, National Program
Chemicals Division (Mail Code 7404T),
Office of Pollution Prevention and
Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: (202) 566–1081; email address:
courtnage.robert@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture
(including import), process, or
distribute in commerce asbestos as
defined by TSCA Title II, Section 202
(15 U.S.C. 2642) (including as part of an
article). The following list of North
American Industrial Classification
System (NAICS) codes is not intended
to be exhaustive, but rather provides a
guide to help readers determine whether
this document applies to them.
Potentially affected entities may
include:
• Construction (NAICS code 23)
• Manufacturing (NAICS codes 31–
33)
• Wholesale Trade (NAICS code 42)
E:\FR\FM\11JNP1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Proposed Rules]
[Pages 26917-26922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12507]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R03-RCRA-2017-0553; FRL-9979-06--Region 3]
District of Columbia: Proposed Authorization of District
Hazardous Waste Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The District of Columbia (the District) has applied to the
United States Environmental Protection Agency (EPA) for final
authorization of revisions to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). EPA has reviewed the
District's application, and has determined that these revisions satisfy
all requirements needed to qualify for final authorization. As a
result, by this proposed rule, EPA is proposing to authorize the
District's revisions and is seeking public comment prior to taking
final action.
DATES: Comments on this proposed rule must be received by July 11,
2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
RCRA-2017-0553, by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Email: [email protected].
3. Mail: Sara Kinslow, U.S. EPA Region III, RCRA Waste Branch,
Mailcode 3LC32, 1650 Arch Street, Philadelphia, PA 19103-2029.
4. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
You may view and copy the District's application from 9:00 a.m. to
5:00 p.m., Monday through Friday at the following locations: District
of Columbia Department of Energy and Environment, Environmental
Services Administration, Hazardous Waste Branch, 1200 First Street NE,
5th Floor, Washington, DC, Phone number: (202) 654-6031, Attn: Barbara
Williams; and EPA Region III, Library, 2nd Floor, 1650 Arch Street,
Philadelphia, PA 19103-2029, Phone number: (215) 814-5254.
Instructions: EPA must receive your comments by July 11, 2018.
Direct your comments to Docket ID No. EPA-R03-RCRA-2017-0553. EPA's
policy is that all comments received will be included
[[Page 26918]]
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through https://www.regulations.gov or
email. The Federal regulations website, https://www.regulations.gov, is
an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through https://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. (For additional information about EPA's public
docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket are listed in the https://www.regulation.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at https://www.regulations.gov or in hard copy.
FOR FURTHER INFORMATION CONTACT: Sara Kinslow, U.S. EPA Region III,
RCRA Waste Branch, Mailcode 3LC32, 1650 Arch Street, Philadelphia, PA
19103-2029; Phone: 215-814-5577.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States that have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program is revised to become
more stringent or broader in scope, States must revise their programs
and apply to EPA to authorize the revisions. Authorization of revisions
to State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other revisions occur.
Most commonly, States must revise their programs because of revisions
to EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273, and 279.
B. What decisions are proposed in this rule?
On August 15, 2012, the District submitted a final program revision
application (with subsequent corrections) seeking authorization of
revisions to its hazardous waste program that correspond to certain
Federal rules promulgated between January 14, 1985 and July 1, 2004.
EPA concludes that the District's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA, as set forth in RCRA section 3006(b), 42 U.S.C.
6926(b), and 40 CFR part 271. Therefore, EPA proposes to authorize
revisions to the District's hazardous waste program with the revisions
described in its authorization application, and as listed below in
Section G of this document.
The District has responsibility for permitting treatment, storage,
and disposal facilities within its borders and for carrying out the
aspects of the RCRA program described in its application, subject to
the limitations of the Hazardous and Solid Waste Amendments of 1984
(HSWA). New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement those HSWA requirements and
prohibitions for which the District has not been authorized, including
issuing HSWA permits, until the District is granted authorization to do
so.
C. What is the effect of today's proposed authorization decision?
This proposal to authorize revisions to the District's authorized
hazardous waste program will not impose additional requirements on the
regulated community because the regulations for which the District has
requested federal authorization are already effective under District
law and are not changed by today's action. The District has enforcement
responsibilities under its District hazardous waste program for
violations of its program, but EPA retains its authority under RCRA
sections 3007, 3008, 3013, and 7003, which include, among others,
authority to:
Perform inspections, and require monitoring, tests,
analyses, or reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions regardless of whether the
District has taken its own actions.
D. What happens if EPA receives comments on this proposed action?
If EPA receives comments on this proposed action, we will address
those comments in our final action. If you want to comment on this
proposed action, you must do so at this time. You may not have another
opportunity to comment.
E. What has the District of Columbia previously been authorized for?
The District initially received final authorization effective March
22, 1985 (50 FR 9427, March 8, 1985) to implement its base hazardous
waste management program. EPA granted authorization for revisions to
the District's regulatory program on September 10, 2001, effective
November 9, 2001 (66 FR 46961).
The District's previously-authorized hazardous waste program was
administered through the District of Columbia Department of Health.
However, on February 15, 2006, the District established the District
Department of Environment (DDOE) and reassigned the hazardous waste
program to DDOE. On July 23, 2015, DDOE was renamed as the Department
of Energy and Environment (DOEE). This name change occurred after the
District submitted a program revision application. As such, both DDOE
and DOEE appear in the District's final program revision application
(and subsequent corrections). The DOEE's Hazardous Waste Branch within
its Toxic Substances Division has authority to implement the District's
hazardous waste program.
F. What revisions is EPA proposing with this proposed action?
On August 15, 2012, the District submitted a final program revision
application (with subsequent corrections), seeking authorization of
additional revisions to its program in accordance with 40 CFR 271.21.
As described in Section F, the District has proposed to transfer the
authority to administer the approved program from
[[Page 26919]]
the District of Columbia Department of Health to DOEE. The District's
revision application also includes the District's statutory and
regulatory changes to the District's authorized hazardous waste
program, including adoption of the Federal hazardous waste regulations
published through July 1, 2004 (RCRA Cluster XIV), with certain
exceptions described in Section H. The District's revised statutes and
regulations are equivalent to, and no less stringent than, the
analogous Federal requirements.
The District seeks authority to administer the Federal requirements
that are listed in Table 1 below. Effective October 28, 2005, the
District incorporates by reference these Federal provisions. This table
lists the District's analogous requirements that are being recognized
as no less stringent than the analogous Federal requirements.
The District's regulatory references are to Title 20 of the
District of Columbia Municipal Regulations (DCMR), Chapters 42 and 43,
as amended effective October 28, 2005. The District's statutory
authority for its hazardous waste program is based on the District of
Columbia Hazardous Waste Management Act of 1977, DC Official Code Sec.
8-1301 et seq. The District's application also includes a revised
Program Description, which provides a description of the hazardous
waste regulatory program in the District.
In this proposed rule, EPA proposes, subject to public review and
comment, that the District's hazardous waste program revision
application satisfies all of the requirements necessary to qualify for
final authorization. Therefore, EPA is proposing to authorize the
District for the following program revisions:
Table 1--The District of Columbia's Analogs to the Federal Requirements
------------------------------------------------------------------------
Analogous District of Columbia
Federal requirement authority
------------------------------------------------------------------------
40 CFR part 260--Hazardous Waste Title 20 District of Columbia
Management System: General, as of Municipal Regulations (20 DCMR)
July 1, 2004. 4200, 4202.1, 4260.1 through
4260.7 (except 4260.4(e)). (More
stringent provisions: 4206.2).
40 CFR part 261--Identification and 20 DCMR 4261.1 through 4261.6,
Listing of Hazardous Waste, as of and 4261.8 through 4261.10.
July 1, 2004. (More stringent provisions:
4204.1, 4206.2, and 4261.7).
40 CFR part 262--Standards Applicable 20 DCMR 4201.9, 4204.1, 4204.3
to the Generators of Hazardous through 4204.5, 4262.1 through
Waste, as of July 1, 2004. 4262.3, 4262.5, and 4262.7.
(More stringent provisions:
4205.1, 4206.1, 4206.2, 4262.4,
and 4262.6).
40 CFR part 263--Standards Applicable 20 DCMR 4204.1, 4204.2, 4204.5,
to the Transporters of Hazardous and 4263.1. (More stringent
Waste, as of July 1, 2004. provisions: 4205.1, 4206.2, and
4263.2 through 4263.5).
40 CFR part 264--Standards for Owners 20 DCMR 4201.9, 4204.2, 4264.1
and Operators of Hazardous Waste through 4264.2(a)(3), and
Treatment, Storage, and Disposal 4264.2(b) through 4264.12. (More
Facilities, as of July 1, 2004. stringent provisions: 4202.3
introduction and (a) through
(e), (h), and (k), 4205.1,
4206.1, 4206.2, and
4264.2(a)(4)).
40 CFR part 265--Interim Status 20 DCMR 4201.9, 4265.1 through
Standards for Owners and Operators 4265.2(a)(3), 4265.2(b) through
of Hazardous Waste Treatment, 4265.6, and 4265.8 through
Storage, and Disposal Facilities, as 4265.11. (More stringent
of July 1, 2004. provisions: 4202.3 introduction
and (a) through (e), (h), and
(k), 4205.1, 4206.2,
4265.2(a)(4), 4265.7.
40 CFR part 266--Standards for the 20 DCMR 4201.9 and 4266.1 through
Management of Specific Hazardous 4266.3. (More stringent
Wastes and Specific Types of provisions: 4206.2).
Hazardous Waste Management
Facilities, as of July 1, 2004.
40 CFR part 268--Land Disposal 20 DCMR 4268.1 through 4268.3.
Restrictions, as of July 1, 2004. (More stringent provisions:
4202.2, 4202.3(e), and 4206.2).
40 CFR part 270--The Hazardous Waste 20 DCMR 4270.1, 4270.2, 4270.4
Permit Program, as of July 1, 2004. through 4270.14, 4271.1 through
4271.4(a), 4271.6 through
4271.9(a), 4316. (More stringent
provisions: 4206.2, 4270.3,
4271.4(b), 4271.5, 4271.9(b).
40 CFR part 273--Standards for 20 DCMR 4273.1 and 4273.5. (More
Universal Waste Management, as of stringent provisions: 4206.2 and
July 1, 2004. 4273.2 through 4273.4).
40 CFR part 279--Standards for the 20 DCMR 4279.1, 4279.2, 4279.4,
Management of Used Oil, as of July 4279.7(c), 4279.9, and 4279.10.
1, 2004. (More stringent provisions:
4202.3 (introduction), and (i),
4205.1, 4206.1, 4206.2, 4279.3,
4279.5 through 4279.7(b), and
4279.8).
------------------------------------------------------------------------
G. Where are the revised District rules different from the Federal
rules?
1. District of Columbia Requirements That Are Broader in Scope
The District hazardous waste program contains certain provisions
that are broader than the scope of the Federal program. These broader
in scope provisions are not part of the program EPA is proposing to
authorize. EPA cannot enforce requirements that are broader in scope,
although compliance with such provisions is required by District law.
Examples of broader in scope provisions of the District's program
include, but are not limited to, the following:
(a) 20 DCMR 4260.4(e) defines, and 20 DCMR Section 4203 identifies
specific procedures for listing, solid wastes that are not considered
hazardous wastes under 40 CFR part 261, but which the District may
determine to regulate as hazardous wastes under 20 DCMR Chapters 42 and
43. Such District-only wastes would make the District's universe of
regulated hazardous waste larger than EPA's and, therefore, broader in
scope.
(b) At 20 DCMR Section 4390, the District requires permit
application fees from generators, owners or operators of transfer
facilities, and hazardous waste storage, treatment, and disposal
facilities.
2. District of Columbia Requirements That Are More Stringent Than the
Federal Program
The District hazardous waste program contains several provisions
that are more stringent than the RCRA program as codified in the July
1, 2004 edition of Title 40 of the CFR. More stringent provisions are
part of a Federally-authorized program and are, therefore, Federally-
enforceable. Under this proposed action, EPA would authorize the
District program for each more stringent provision. The specific more
stringent provisions are also noted in Table 1. They include, but are
not limited to, the following:
(a) At 20 DCMR 4261.7, the District subjects generators of no more
than 100 kilograms in a calendar month to the
[[Page 26920]]
notification requirements at 20 DCMR 4204.1, rather than the reduced
requirements in the Federal regulations for this group of generators.
Additionally, the District does not incorporate the Federal provision
at 40 CFR 261.5(j) that allows conditionally exempt small quantity
generator waste that is mixed with used oil to be managed as used oil.
Instead, the District requires such a mixture to be managed as
hazardous waste.
(b) In addition to the requirements of 40 CFR part 265, subpart I,
20 DCMR 4265.7 requires generators storing waste in containers to also
comply with the containment system requirements of 40 CFR 264.175 and
the closure requirements of 40 CFR 264.178.
(c) At 20 DCMR 4262.4, the District limits hazardous waste
satellite accumulation to 90 days (180 days or 270 days for generators
of greater than 100 kilograms but less than 1,000 kilograms), and
requires that containers in satellite accumulation areas are marked
with an accumulation start date. The Federal requirements do not have a
dating requirement or time limit for satellite accumulation as long as
no more than 55 gallons of non-acute waste or one quart of acute waste
is accumulated.
(d) In the District, transfer facilities are considered to be
storage facilities and subject to full regulation under 20 DCMR
Chapters 42 and 43, rather than the reduced requirements of the federal
regulations. The District requirements are found at 20 DCMR
4264.2(a)(4) and 4265.2(a)(4).
(e) The District has a prohibition at 20 DCMR 4202.3 on any land-
based treatment, storage, or disposal of hazardous waste within the
District. This prohibition includes surface impoundments, waste piles,
landfills, road treatment, and any other land application of hazardous
waste. The District also prohibits land disposal, incineration, and
underground injection of hazardous waste, and prohibits burning,
processing, or incineration of hazardous waste, hazardous waste fuels,
or mixtures of hazardous wastes and other materials in any type of
incinerator, boiler, or industrial furnace. The Federal program does
not include such prohibitions.
(f) Unlike the Federal program, the District (at 20 DCMR 4202.3)
prohibits the burning of both on- and off-specification used oil in the
District, and prohibits the use of used oil as a dust suppressant.
3. Federal Requirements for Which the District of Columbia Is Not
Seeking Authorization
A number of the District's regulations are not part of the program
revisions EPA is proposing to authorize. Those provisions include, but
are not limited to, the following:
(a) The District has regulations defining how program information
is to be shared with the public, but is not seeking authorization for
the Availability of Information requirements relative to RCRA section
3006(f).
(b) The District is not seeking authority for the Federal
corrective action program. EPA will continue to administer this part of
the program.
(c) The District has incorporated the Federal hazardous waste
export provisions as codified in the July 1, 2004 edition of Title 40,
parts 262 and 264 of the CFR into 20 DCMR Sections 4262 and 4264.
However, the District is not seeking authorization for these provisions
at this time. EPA will continue to implement those requirements as
appropriate.
(d) 20 DCMR Section 4266 incorporates the mixed waste provisions as
codified in the July 1, 2004 edition of Title 40 of the CFR, but the
District has not yet been authorized, nor is the District now seeking
authorization, to implement the mixed waste regulations. The provisions
at 20 DCMR 4266.1 and 4266.3 will become effective in the District when
the District is authorized for the mixed waste rules.
H. Who handles permits after the authorization takes effect?
The District will continue to issue permits covering all the
provisions for which it is authorized and will administer the permits
it issues. EPA will continue to administer any RCRA hazardous waste
permits or portions of permits that EPA issued prior to the effective
date of this authorization in accordance with the signed Memorandum of
Agreement, dated March 10, 2017, which is included with this program
revision application. Until such time as formal transfer of EPA permit
responsibility to the District occurs and EPA terminates its permit,
EPA and the District agree to coordinate the administration of permits
in order to maintain consistency. EPA will not issue any new permits or
new portions of permits for the provisions listed in Section G after
the effective date of this authorization. EPA will continue to
implement and issue permits for HSWA requirements for which the
District is not yet authorized.
I. How would this proposed action affect Indian Country (18 U.S.C. 115)
in the District of Columbia?
The District is not seeking authority to operate the program on
Indian lands, since there are no Federally-recognized Indian Lands in
the District.
J. Statutory and Executive Order Reviews
This authorization revises the District's authorized hazardous
waste management program pursuant to Section 3006 of RCRA and imposes
no requirements other than those currently imposed by District law.
This authorization complies with applicable executive orders and
statutory provisions as follows:
1. Executive Order 12866
Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
Federal agencies must determine whether the regulatory action is
``significant'', and therefore subject to Office of Management and
Budget (OMB) review and the requirements of the E.O. The E.O. defines
``significant regulatory action'' as one that is likely to result in a
rule that may: (1) Have an annual effect on the economy of $100 million
or more, or adversely affect in a material way, the economy, a sector
of the economy, productivity, competition, jobs, the environment,
public health or safety, or State, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs, or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the E.O. EPA has
determined that this authorization is not a ``significant regulatory
action'' under the terms of E.O. 12866 and is therefore not subject to
OMB review.
2. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
because this authorization does not establish or modify any information
or recordkeeping requirements for the regulated community and only
seeks to authorize the pre-existing requirements under State law and
imposes no additional requirements beyond those imposed by State law.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose
[[Page 26921]]
or provide information to or for a Federal agency. This includes the
time needed to review instructions; develop, acquire, install, and
utilize technology and systems for the purposes of collecting,
validating, and verifying information, processing, and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR are listed in 40 CFR part 9.
3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), generally requires Federal
agencies to prepare a regulatory flexibility analysis of any rule
subject to notice and comment rulemaking requirements under the
Administrative Procedure Act or any other statute unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this authorization on small
entities, small entity is defined as: (1) A small business defined by
the Small Business Administration's size regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district, or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field. I certify that this authorization will not have
a significant economic impact on a substantial number of small entities
because the authorization will only have the effect of authorizing pre-
existing requirements under State law and imposes no additional
requirements beyond those imposed by State law.
4. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub.
L. 104-4) establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the rule an explanation why the
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements. This authorization contains no Federal mandates (under
the regulatory provisions of Title II of the UMRA) for State, local, or
tribal governments or the private sector. It imposes no new enforceable
duty on any State, local or tribal governments or the private sector.
Similarly, EPA has also determined that this authorization contains no
regulatory requirements that might significantly or uniquely affect
small government entities. Thus, this authorization is not subject to
the requirements of sections 202 and 203 of the UMRA.
5. Executive Order 13132: Federalism
This authorization does not have federalism implications. It 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 various levels of government, as
specified in E.O. 13132 (64 FR 43255, August 10, 1999). This document
authorizes pre-existing State rules. Thus, E.O. 13132 does not apply to
this authorization. In the spirit of E.O. 13132, and consistent with
EPA policy to promote communications between EPA and State and local
governments, EPA specifically solicited comment on this authorization
from State and local officials.
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000),
requires the EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' This authorization
does not have tribal implications, as specified in E.O. 13175 because
EPA retains its authority over Indian Country. Thus, E.O. 13175 does
not apply to this authorization.
7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the E.O. has the potential to influence the regulation. This action is
not subject to E.O. 13045 because it proposes to approve a State
program.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This authorization 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'' as defined under E.O. 12866,
as discussed in detail above.
9. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), (Pub. L. 104-113, 12(d)) (15 U.S.C. 272),
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus bodies. The NTTAA directs EPA to provide
[[Page 26922]]
Congress, through OMB, explanations when the Federal agency decides not
to use available and applicable voluntary consensus standards. This
authorization does not involve technical standards. Therefore, EPA is
not considering the use of any voluntary consensus standards.
10. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
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. EPA has determined that this
authorization will not have disproportionately high and adverse human
health or environmental effects on minority or low-income populations.
This authorization does not affect the level of protection provided to
human health or the environment because this document authorizes pre-
existing State rules which are equivalent to and no less stringent than
existing Federal requirements.
11. The Congressional Review Act, 5 U.S.C. 801-808
The Congressional Review Act, 5 U.S.C. 801-808, generally provides
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. EPA will submit a report containing this document and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This proposed action is issued under the authority of
sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act,
as amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: May 2, 2018.
Cosmo Servidio,
Regional Administrator, U.S. EPA Region III.
[FR Doc. 2018-12507 Filed 6-8-18; 8:45 am]
BILLING CODE 6560-50-P
