Oklahoma: Proposed Authorization of State Hazardous Waste Management Program Revision, 49900-49903 [2018-21449]
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Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R06–RCRA–2017–0324; FRL–9984–
40—Region 6]
Oklahoma: Proposed Authorization of
State Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The State of Oklahoma
Department of Environmental Quality
(ODEQ) has applied to the
Environmental Protection Agency (EPA)
for final authorization of the changes to
its hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). The EPA has reviewed
Oklahoma’s application, and has
determined that these changes satisfy all
requirements needed to qualify for final
authorization, and is proposing to
authorize the State’s changes. The EPA
is seeking public comment prior to
taking final action.
DATES: Comments on this proposed rule
must be received by November 2, 2018.
ADDRESSES: Submit your comments by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Email: patterson.alima@epa.gov.
• Fax: (214) 665–2182 (prior to
faxing, please notify Alima Patterson at
(214) 665–8533).
• Mail: Alima Patterson, Regional
Authorization/Codification Coordinator,
RCRA Permit Section (6MM–RP),
Multimedia Division, EPA Region 6,
1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202–2733.
• Hand Delivery or Courier: Deliver
your comments to Alima Patterson,
Regional Authorization/Codification
Coordinator, RCRA Permit Section
(6MM–RP), Multimedia Division, EPA
Region 6, 1445 Ross Avenue, Suite
1200, Dallas, Texas 75202–2733.
Instructions: EPA must receive your
comments by November 2, 2018. Direct
your comments to Docket ID Number
EPA–R06–RCRA–2017–0324. The EPA’s
policy is that all comments received
will be included in the public docket
without change and may be made
available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
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SUMMARY:
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consider to be CBI or otherwise
protected through https://
www.regulations.gov, or email. The
Federal https://www.regulations.gov
website is an ‘‘anonymous access’’
system, which means the 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 the EPA
without going through 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, the 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 the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the 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 the EPA’s public
docket, visit the EPA Docket Center
homepage at https://
www.regulations.gov).
Docket: All documents in the docket
are listed in the https://
www.regulations.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 in https://
www.regulations.gov, or in hard copy.
You can view and copy Oklahoma’s
application and associated publicly
available materials from 8:30 a.m. to 4
p.m., Monday through Friday, at the
following locations: Oklahoma
Department of Environmental Quality,
707 North Robinson, Oklahoma City,
Oklahoma 73101–1677, (405) 702–7180
and EPA, Region 6, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733,
phone number (214) 665–8533.
Interested persons wanting to examine
these documents should make an
appointment with the office at least two
weeks in advance.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, Region 6, Regional
Authorization/Codification Coordinator,
Permit Section (6MM–RP), Multimedia
Division, (214) 665–8533, EPA Region 6,
1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202–2733, and Email address
patterson.alima@epa.gov.
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SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs
necessary?
States which have received final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, States must change their
programs and ask the EPA to authorize
the changes. Changes to State programs
may be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 266, 268, 270, 273, and
279.
B. What decisions has the EPA made in
this rule?
On March 31, 2017, the ODEQ
submitted a final program revision
application, excluding the Definition of
Solid Waste (DSW), rule seeking
authorization of changes to its
hazardous waste program that
correspond to Federal rules
promulgated between July 2014 and
June 2015 (RCRA Cluster XXIV). The
EPA has reviewed Oklahoma’s
application to revise its authorized
program and has made a tentative
decision that it meets all of the statutory
and regulatory requirements established
by RCRA. Therefore, we propose to
grant ODEQ final authorization to
operate its hazardous waste program
with the changes described in the
authorization application. ODEQ will
continue to have responsibility for
permitting treatment, storage, and
disposal facilities within its borders,
and for carrying out the aspects of the
RCRA program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
New Federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
under the authority of HSWA take effect
in authorized States before they are
authorized for the requirements. Thus,
the EPA will implement those
requirements and prohibitions in
Oklahoma, including issuing permits,
until the State is granted authorization
to do so.
C. What is the effect of this proposed
authorization decision?
If Oklahoma is authorized for these
changes, a facility in Oklahoma subject
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to RCRA will now have to comply with
the authorized State requirements
instead of the equivalent Federal
requirements in order to comply with
RCRA. Additionally, such facilities will
have to comply with any applicable
Federal requirements such as, for
example, HSWA regulations issued by
the EPA for which the State has not
received authorization. ODEQ continues
to have enforcement responsibilities
under its State hazardous waste program
for violations of such program, but the
EPA retains its authority under RCRA
sections 3007, 3008, 3013, and 7003,
which include, among others, authority
to:
• Conduct inspections, and require
monitoring, tests, analyses, or reports;
• enforce RCRA requirements and
suspend or revoke permits, and
• take enforcement actions after
notice to and consultation with the
State.
The action to approve these
provisions would not impose additional
requirements on the regulated
community because the regulations for
which ODEQ is requesting authorization
are already effective under State law,
and are not changed by the act of
authorization.
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D. What happens if the EPA receives
comments on this action?
If the EPA receives comments on this
proposed action, we will address those
comments in our final action. You may
not have another opportunity to
comment. If you want to comment on
this proposed authorization, you must
do so at this time.
E. For what has Oklahoma previously
been authorized?
ODEQ initially received final
authorization on January 10, 1985 (49
FR 50362–50363), published December
27, 1984, to implement its base
hazardous waste management program.
We authorized the following revisions:
ODEQ received authorization for
revisions to its program with
publication dates: April 17, 1990 (55 FR
14280–14282), effective June 18, 1990;
September 26, 1990 (55 FR 39274),
effective November 27, 1990; April 2,
1991 (56 FR 13411–13413), effective
June 3, 1991; September 20, 1991 (56 FR
47675–47677), effective November 19,
1991; September 29, 1993 (58 FR
50854–50856), effective November 29,
1993; October 12, 1993 (58 FR 52679–
52682), effective December 13, 1993;
October 7, 1994 (59 FR 51116–51122),
effective December 21, 1994; January 11,
1995 (60 FR 2699–2702), effective April
27, 1995; October 9, 1996 (61 FR 52884–
52886), effective December 23, 1996;
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Technical Correction March 14, 1997
(62 FR 12100–12101), effective March
14, 1997; September 22, 1998 (63 FR
50528–50531), effective November 23,
1998; March 29, 2000 (65 FR 16528–
16532), effective May 30, 2000; May 10,
2000 (65 FR 29981–29985), effective
June 10, 2000; January 2, 2001 (66 FR
28–33), effective March 5, 2001; April 9,
2003 (68 FR 17308–17311), effective
June 9, 2003; February 4, 2009 (74 FR
5994–6001), effective April 6, 2009;
April 6, 2011 (76 FR 18927–18930),
effective June 6, 2011; March 15, 2012
(77 FR 15273–15276), effective May 14,
2012; May 29, 2013 (78 FR 32161–
32165), effective July 29, 2013; and
August 29, 2014 (79 FR 51497–51500),
effective October 28, 2014. The
authorized Oklahoma RCRA program
was incorporated by reference into the
CFR published on October 12, 1993 (58
FR 52679–52682), effective December
13, 1993; April 30, 1998 (63 FR 23673–
23678), effective July 14, 1998; August
26, 1999 (64 FR 46567–46571), effective
October 25, 1999; August 27, 2003 (68
FR 51488–51492), effective October 27,
2003; June 28, 2010 (75 FR 36546–
36550), effective August 27, 2010; May
17, 2012 (77 FR 29231–29235), effective
July 16, 2012; August 7, 2012, (77 FR
46964–46968), effective October 9, 2012;
and July 1, 2014 (79 FR 37226–37230),
effective September 2, 2014 and July 13,
(82 FR 32249–32252) effective
September 11, 2017. On March 31, 2017,
ODEQ submitted a final program
revision application seeking
authorization of its program revision in
accordance with 40 CFR 271.21.
The Oklahoma Hazardous Waste
Management Act (OHWMA) provides
the ODEQ with the authority to
administer the State Program, including
the statutory and regulatory provisions
necessary to administer portions of the
provisions of RCRA Cluster XXIV, and
designates the ODEQ as the State agency
to cooperate and share information with
EPA for purpose of hazardous waste
regulation. The Oklahoma
Environmental Quality Code (‘‘Code’’),
at 27A O.S. Section 2–7–101 et seq.
establishes the statutory authority to
administer the hazardous waste
management program under RCRA
Subtitle C. The State regulations to
manage the hazardous waste
management program is at Oklahoma
Administrative Code (OAC) Title
252:205–3–2.
The Oklahoma Legislature in April
2015 amended the OHWMA by passing
27A O.S. § 2–7–116(H), which clarified
that the temporary staging of hazardous
waste in a permitted hazardous waste
unit while the waste was undergoing
analysis to determine that the waste is
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acceptable for disposal does not
constitute disposal of the waste. This
provision, effecting what constitutes
disposal in Oklahoma, has not been
submitted for EPA review and we are
taking no action on it in this
rulemaking.
The ODEQ adopted applicable federal
hazardous waste regulations as
amended July 1, 2014 through June 30,
2015. The regulatory amendment
implementing this adoption by
reference has an effective date of
September 15, 2016. The provisions for
which the State of Oklahoma is seeking
authorization, as documented in the
Regulatory Documentation For Federal
Provisions For Which The State Of
Oklahoma Is Seeking Authorization,
Federal Final Rules Published Between
July 1, 2014 Through June 30, 2015
RCRA CLUSTER XXIV, excluding the
DSW rule; prepared on Feburary 21,
2017.
The ODEQ incorporates the Federal
Regulations by reference, and there have
been no changes in State or Federal laws
or regulations that have diminished the
ODEQ’s ability to adopt the Federal
regulations by reference. The Federal
hazardous waste regulations are adopted
by reference by the ODEQ at OAC
252:205–3–2, Subchapter 3. The ODEQ
does not adopt Federal regulations
prospectively.
The State hazardous waste
management program (‘‘State Program’’)
has in place, the statutory authority and
regulations for all required components
of federal regulations adopted in
Checklists 234 and 235 in RCRA Cluster
XXIV. These statutory and regulatory
provisions were developed to ensure the
State program is equivalent to,
consistent with, and no less stringent
than the Federal hazardous waste
management program.
The Environmental Quality Act, at
27A O.S. Section 1–3–101(E), grants the
Oklahoma Corporation Commission
(OCC) authority to regulate certain
aspects of the oil and gas production
and transportation industry in
Oklahoma, including certain wastes
generated by pipelines, bulk fuel sales
terminals and certain tank farms, as well
as, underground storage tanks. To
clarify areas of environmental
jurisdiction, the ODEQ and OCC
developed an ODEQ/OCC Jurisdictional
Guidance Document to identify
respective areas of jurisdiction. The
current ODEQ/OCC Jurisdictional
Guidance Document was amended and
signed on January 27, 1999. The
revisions to the State Program necessary
to administer portions of RCRA Cluster
XXIV will not affect the jurisdictional
authorities of the ODEQ or OCC.
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The ODEQ has adopted portions of
RCRA Cluster XXIV applicable federal
hazardous waste regulations as
amended July 1, 2014 through June 30,
2015, and became effective on
September 15, 2016. The rules were also
codified at OAC 252 Chapter 205.
Pursuant to OAC 252:205–3–2, the
State’s incorporation of Federal
regulations does not incorporate,
prospectively, future changes to the
incorporated sections of the 40 CFR, and
no other Oklahoma law or regulation
reduces the scope of coverage or
otherwise affects the authority provided
by these incorporated-by-reference
provisions. Further, Oklahoma
interprets these incorporated provisions
to provide identical authority to the
Federal provisions. Thus, OAC Title
252, Chapter 205 provides equivalent
and no less stringent authority than the
Federal Subtitle C program in effect July
1, 2015. The State of Oklahoma
incorporates by reference the provisions
of 40 CFR part 124 that are required by
40 CFR 271.14 (with the addition of 40
CFR 124.19(a) through (c), 124.19(e),
124.31, 124.32, 124.33 and Subpart G);
40 CFR parts 260 through 268 [with the
exception of 260.21, 262 Subparts E and
H, 264.1(f), 264.1(g)(12), 264.149,
264.150, 264.301(1), 264.1030(d),
264.1050(g), 264.1080(e), 264.1080(f),
264.1080(g), 265.1(c)(4), 265.1(g)(12),
F. What changes are we proposing to
authorize with this action?
On March 31, 2017, the ODEQ
submitted a final complete program
application seeking authorization of
their changes in accordance with 40
CFR 271.21. We have determined that
the ODEQ’s hazardous waste program
revision satisfies all of the requirements
necessary to qualify for final
authorization. We are now proposing to
authorize, subject to receipt of written
comments that oppose this action,
Oklahoma’s hazardous waste program
revision. The ODEQ revisions consist of
regulations which specifically govern
Federal hazardous waste revisions
promulgated between July 1, 2014
through June 30, 2015 (RCRA Cluster
XXIV), excluding the Defintion of Solid
Waste rule. We propose to grant
Oklahoma final authorization for the
ODEQ requirements included in the
Table within this document.
Requirement 2 in the Table below
concerns changes based on Coal
Combustion Residuals Rulemaking
(CCR) . In that rulemaking, the Agency
amended 40 CFR 261.4(b)(4) under
RCRA Subtitle C to clarify that ‘‘wastes
produced in conjunction with the
combustion of fossil fuels, which are
necessarily associated with the
production of energy, and which
traditionally have been, and which
actually are, mixed with and codisposed or co-treated with fly ash,
bottom ash, boiler slag, or flue gas
emission control wastes from coal
combustion are not hazardous wastes.’’
The Requirement 2 in the Table below
only addresses this change to Subtitle C.
CCR also amended 40 CFR part 257 to
regulate the disposal of (CCR) as solid
waste under Subtitle D. This is not part
of this Proposal. In a separate action,
EPA has proposed approval of a CCR
permitting program for Oklahoma. See,
83 FR 2100, January 16, 2018.
Description of federal requirement
(include checklist number, if relevant)
Federal Register date and page
and/or RCRA statutory authority
Analogous state authority
1. Vacatur of the Comparable Fuels
Rule and the Gasification Rule.
(Checklist 234).
80 FR 18777–18780 April 8, 2015,
effective April 8, 2015.
2. Disposal of Coal Combustion
Residuals from Electric Utilities.
(Checklist 235).
80 FR 21302–21501 April 17,
2015; effective October 19,
2015 [40 CFR 261.4(b)(4)(i)–
(ii)(H) only].
Oklahoma Statutes Title 27A Section 2–7–101 et seq., Oklahoma
Hazardous Waste Management Act, as amended September 15,
2015, Oklahoma Administrative Code, Title 252, Chapter 205, Section 252:205–3–2, effective September 15, 2016.
Oklahoma Statutes Title 27A Section 2–7–101 et seq., Oklahoma
Hazardous Waste Management Act, as amended September 15,
2015, Oklahoma Administrative Code, Title 252, Chapter 205, Section 252:205–3–2, effective September 15, 2016.
There are no State requirements that
are more stringent or broader in scope
than the Federal requirements.
listed in the Table in this document
after the effective date of this
authorization. The EPA will continue to
implement and issue permits for HSWA
requirements for which Oklahoma is not
yet authorized.
H. Who handles permits after the final
authorization takes effect?
I. How does this action affect Indian
Country (18 U.S.C. 1151) in Oklahoma?
ODEQ will continue to issue permits
for all the provisions for which it is
authorized and will administer the
permits it issues. The EPA will continue
to administer any RCRA hazardous
waste permits or portions of permits
which we issued prior to the effective
date of this authorization. We will not
issue any more new permits or new
portions of permits for the provisions
Section 18 U.S.C. 1151 does not affect
the State of Oklahoma because under
section 10211(a) of the SAFETEA,
Public Law 109–59, 119 Statute 1144
(August 10, 2005) provides the State of
Oklahoma opportunity to request
approval from EPA to administer RCRA
Subtitle C in Indian Country and for
carrying out the aspects of the RCRA
program described in its revised
G. Why are the revised State rules
different from the Federal rules?
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265.149, 265.150, 265.1030(c),
265.1050(f) 265.1080(e), 265.1080(f),
265.1080(g), 268.5, 268.6, 268.13,
268.42(b), and 268.44(a) through (g)]; 40
CFR part 270 [with the exception of
270.1(c)(2)(ix) and 270.14(b)(18)]; 40
CFR part 273; and 40 CFR part 279.
The ODEQ is the lead Department to
cooperate and share information with
the EPA for purpose of hazardous waste
regulation.
Pursuant to 27A O.S. Section 2–7–
104, the Executive Director has created
the Land Protection Division (LPD) to be
responsible for implementing the State
Program. The LPD is staffed with
personnel that have the technical
background and expertise to effectively
implement the provisions of the State
Program Subtitle C hazardous waste
management program.
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program application, subject to the
limitations of the HSWA.
K. What is codification and is the EPA
codifying Oklahoma’s hazardous waste
program as authorized in this proposed
rule?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the CFR.
We do this by referencing the
authorized State rules in 40 CFR part
272. We reserve the amendment of 40
CFR part 272, subpart LL for this
proposed authorization of ODEQ’s
program changes until a later date. In
this action, the EPA is not proposing to
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codify the rules documented in this
Federal Register document.
I. Administrative Requirements
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Orders
12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21,
2011). This action proposes to authorize
State requirements for the purpose of
RCRA 3006 and imposes no additional
requirements beyond those imposed by
State law. Therefore, this action is not
subject to review by OMB. This action
is not an Executive Order 13771 (82FR
9339, February 3, 2017) regulatory
action because actions such as today’s
proposed authorization of the State of
Oklahoma’s revised hazardous waste
program under RCRA are exempted
under Executive Order 12866.
Accordingly, I certify that 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 proposes to authorize preexisting
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 proposed 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
proposes to authorize 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 proposed action also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This proposed
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.
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Under RCRA 3006(b), the EPA grants
a State’s application for authorization,
as long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for the
EPA, when it reviews a State
authorization application to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this proposed 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 proposed rule
does not impose 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, the 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 proposes to authorize
pre-existing State rules which are at
least equivalent to, and no less stringent
than existing federal requirements, and
imposes 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.
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.
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Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: September 26, 2018.
Anne L. Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018–21449 Filed 10–2–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2018–0627; FRL–9983–81]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing significant
new use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for 26
chemical substances which were the
subject of premanufacture notices
(PMNs). The chemical substances are
subject to Orders issued by EPA
pursuant to sections 5(e) and 5(f) of
TSCA. This action would require
persons who intend to manufacture
(defined by statute to include import) or
process any of these 26 chemical
substances for an activity that is
designated as a significant new use by
this rule to notify EPA at least 90 days
before commencing that activity. The
required notification initiates EPA’s
evaluation of the intended use within
the applicable review period. Persons
may not commence manufacture or
processing for the significant new use
until EPA has conducted a review of the
notice, made an appropriate
determination on the notice, and has
taken such actions as are required with
that determination. In addition to this
Notice of Proposed Rulemaking, EPA is
issuing the action as a direct final rule
elsewhere in this issue of the Federal
Register.
SUMMARY:
Comments must be received on
or before November 2, 2018.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2018–0627, 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)
DATES:
E:\FR\FM\03OCP1.SGM
03OCP1
Agencies
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Proposed Rules]
[Pages 49900-49903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21449]
[[Page 49900]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2017-0324; FRL-9984-40--Region 6]
Oklahoma: Proposed Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The State of Oklahoma Department of Environmental Quality
(ODEQ) has applied to the Environmental Protection Agency (EPA) for
final authorization of the changes to its hazardous waste program under
the Resource Conservation and Recovery Act (RCRA). The EPA has reviewed
Oklahoma's application, and has determined that these changes satisfy
all requirements needed to qualify for final authorization, and is
proposing to authorize the State's changes. The EPA is seeking public
comment prior to taking final action.
DATES: Comments on this proposed rule must be received by November 2,
2018.
ADDRESSES: Submit your comments by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Email: [email protected].
Fax: (214) 665-2182 (prior to faxing, please notify Alima
Patterson at (214) 665-8533).
Mail: Alima Patterson, Regional Authorization/Codification
Coordinator, RCRA Permit Section (6MM-RP), Multimedia Division, EPA
Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.
Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Regional Authorization/Codification Coordinator, RCRA Permit
Section (6MM-RP), Multimedia Division, EPA Region 6, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733.
Instructions: EPA must receive your comments by November 2, 2018.
Direct your comments to Docket ID Number EPA-R06-RCRA-2017-0324. The
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at https://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through https://www.regulations.gov, or
email. The Federal https://www.regulations.gov website is an ``anonymous
access'' system, which means the 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 the EPA without going through
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,
the 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 the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the 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 the EPA's public
docket, visit the EPA Docket Center homepage at https://www.regulations.gov).
Docket: All documents in the docket are listed in the https://www.regulations.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
in https://www.regulations.gov, or in hard copy.
You can view and copy Oklahoma's application and associated
publicly available materials from 8:30 a.m. to 4 p.m., Monday through
Friday, at the following locations: Oklahoma Department of
Environmental Quality, 707 North Robinson, Oklahoma City, Oklahoma
73101-1677, (405) 702-7180 and EPA, Region 6, 1445 Ross Avenue, Suite
1200, Dallas, Texas 75202-2733, phone number (214) 665-8533. Interested
persons wanting to examine these documents should make an appointment
with the office at least two weeks in advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional
Authorization/Codification Coordinator, Permit Section (6MM-RP),
Multimedia Division, (214) 665-8533, EPA Region 6, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733, and Email address
[email protected].
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.
B. What decisions has the EPA made in this rule?
On March 31, 2017, the ODEQ submitted a final program revision
application, excluding the Definition of Solid Waste (DSW), rule
seeking authorization of changes to its hazardous waste program that
correspond to Federal rules promulgated between July 2014 and June 2015
(RCRA Cluster XXIV). The EPA has reviewed Oklahoma's application to
revise its authorized program and has made a tentative decision that it
meets all of the statutory and regulatory requirements established by
RCRA. Therefore, we propose to grant ODEQ final authorization to
operate its hazardous waste program with the changes described in the
authorization application. ODEQ will continue to have responsibility
for permitting treatment, storage, and disposal facilities within its
borders, and for carrying out the aspects of the RCRA program described
in its revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that the
EPA promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, the EPA
will implement those requirements and prohibitions in Oklahoma,
including issuing permits, until the State is granted authorization to
do so.
C. What is the effect of this proposed authorization decision?
If Oklahoma is authorized for these changes, a facility in Oklahoma
subject
[[Page 49901]]
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Additionally, such facilities will have to comply with any
applicable Federal requirements such as, for example, HSWA regulations
issued by the EPA for which the State has not received authorization.
ODEQ continues to have enforcement responsibilities under its State
hazardous waste program for violations of such program, but the EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
Conduct inspections, and require monitoring, tests,
analyses, or reports;
enforce RCRA requirements and suspend or revoke permits,
and
take enforcement actions after notice to and consultation
with the State.
The action to approve these provisions would not impose additional
requirements on the regulated community because the regulations for
which ODEQ is requesting authorization are already effective under
State law, and are not changed by the act of authorization.
D. What happens if the EPA receives comments on this action?
If the EPA receives comments on this proposed action, we will
address those comments in our final action. You may not have another
opportunity to comment. If you want to comment on this proposed
authorization, you must do so at this time.
E. For what has Oklahoma previously been authorized?
ODEQ initially received final authorization on January 10, 1985 (49
FR 50362-50363), published December 27, 1984, to implement its base
hazardous waste management program. We authorized the following
revisions: ODEQ received authorization for revisions to its program
with publication dates: April 17, 1990 (55 FR 14280-14282), effective
June 18, 1990; September 26, 1990 (55 FR 39274), effective November 27,
1990; April 2, 1991 (56 FR 13411-13413), effective June 3, 1991;
September 20, 1991 (56 FR 47675-47677), effective November 19, 1991;
September 29, 1993 (58 FR 50854-50856), effective November 29, 1993;
October 12, 1993 (58 FR 52679-52682), effective December 13, 1993;
October 7, 1994 (59 FR 51116-51122), effective December 21, 1994;
January 11, 1995 (60 FR 2699-2702), effective April 27, 1995; October
9, 1996 (61 FR 52884-52886), effective December 23, 1996; Technical
Correction March 14, 1997 (62 FR 12100-12101), effective March 14,
1997; September 22, 1998 (63 FR 50528-50531), effective November 23,
1998; March 29, 2000 (65 FR 16528-16532), effective May 30, 2000; May
10, 2000 (65 FR 29981-29985), effective June 10, 2000; January 2, 2001
(66 FR 28-33), effective March 5, 2001; April 9, 2003 (68 FR 17308-
17311), effective June 9, 2003; February 4, 2009 (74 FR 5994-6001),
effective April 6, 2009; April 6, 2011 (76 FR 18927-18930), effective
June 6, 2011; March 15, 2012 (77 FR 15273-15276), effective May 14,
2012; May 29, 2013 (78 FR 32161-32165), effective July 29, 2013; and
August 29, 2014 (79 FR 51497-51500), effective October 28, 2014. The
authorized Oklahoma RCRA program was incorporated by reference into the
CFR published on October 12, 1993 (58 FR 52679-52682), effective
December 13, 1993; April 30, 1998 (63 FR 23673-23678), effective July
14, 1998; August 26, 1999 (64 FR 46567-46571), effective October 25,
1999; August 27, 2003 (68 FR 51488-51492), effective October 27, 2003;
June 28, 2010 (75 FR 36546-36550), effective August 27, 2010; May 17,
2012 (77 FR 29231-29235), effective July 16, 2012; August 7, 2012, (77
FR 46964-46968), effective October 9, 2012; and July 1, 2014 (79 FR
37226-37230), effective September 2, 2014 and July 13, (82 FR 32249-
32252) effective September 11, 2017. On March 31, 2017, ODEQ submitted
a final program revision application seeking authorization of its
program revision in accordance with 40 CFR 271.21.
The Oklahoma Hazardous Waste Management Act (OHWMA) provides the
ODEQ with the authority to administer the State Program, including the
statutory and regulatory provisions necessary to administer portions of
the provisions of RCRA Cluster XXIV, and designates the ODEQ as the
State agency to cooperate and share information with EPA for purpose of
hazardous waste regulation. The Oklahoma Environmental Quality Code
(``Code''), at 27A O.S. Section 2-7-101 et seq. establishes the
statutory authority to administer the hazardous waste management
program under RCRA Subtitle C. The State regulations to manage the
hazardous waste management program is at Oklahoma Administrative Code
(OAC) Title 252:205-3-2.
The Oklahoma Legislature in April 2015 amended the OHWMA by passing
27A O.S. Sec. 2-7-116(H), which clarified that the temporary staging
of hazardous waste in a permitted hazardous waste unit while the waste
was undergoing analysis to determine that the waste is acceptable for
disposal does not constitute disposal of the waste. This provision,
effecting what constitutes disposal in Oklahoma, has not been submitted
for EPA review and we are taking no action on it in this rulemaking.
The ODEQ adopted applicable federal hazardous waste regulations as
amended July 1, 2014 through June 30, 2015. The regulatory amendment
implementing this adoption by reference has an effective date of
September 15, 2016. The provisions for which the State of Oklahoma is
seeking authorization, as documented in the Regulatory Documentation
For Federal Provisions For Which The State Of Oklahoma Is Seeking
Authorization, Federal Final Rules Published Between July 1, 2014
Through June 30, 2015 RCRA CLUSTER XXIV, excluding the DSW rule;
prepared on Feburary 21, 2017.
The ODEQ incorporates the Federal Regulations by reference, and
there have been no changes in State or Federal laws or regulations that
have diminished the ODEQ's ability to adopt the Federal regulations by
reference. The Federal hazardous waste regulations are adopted by
reference by the ODEQ at OAC 252:205-3-2, Subchapter 3. The ODEQ does
not adopt Federal regulations prospectively.
The State hazardous waste management program (``State Program'')
has in place, the statutory authority and regulations for all required
components of federal regulations adopted in Checklists 234 and 235 in
RCRA Cluster XXIV. These statutory and regulatory provisions were
developed to ensure the State program is equivalent to, consistent
with, and no less stringent than the Federal hazardous waste management
program.
The Environmental Quality Act, at 27A O.S. Section 1-3-101(E),
grants the Oklahoma Corporation Commission (OCC) authority to regulate
certain aspects of the oil and gas production and transportation
industry in Oklahoma, including certain wastes generated by pipelines,
bulk fuel sales terminals and certain tank farms, as well as,
underground storage tanks. To clarify areas of environmental
jurisdiction, the ODEQ and OCC developed an ODEQ/OCC Jurisdictional
Guidance Document to identify respective areas of jurisdiction. The
current ODEQ/OCC Jurisdictional Guidance Document was amended and
signed on January 27, 1999. The revisions to the State Program
necessary to administer portions of RCRA Cluster XXIV will not affect
the jurisdictional authorities of the ODEQ or OCC.
[[Page 49902]]
The ODEQ has adopted portions of RCRA Cluster XXIV applicable
federal hazardous waste regulations as amended July 1, 2014 through
June 30, 2015, and became effective on September 15, 2016. The rules
were also codified at OAC 252 Chapter 205.
Pursuant to OAC 252:205-3-2, the State's incorporation of Federal
regulations does not incorporate, prospectively, future changes to the
incorporated sections of the 40 CFR, and no other Oklahoma law or
regulation reduces the scope of coverage or otherwise affects the
authority provided by these incorporated-by-reference provisions.
Further, Oklahoma interprets these incorporated provisions to provide
identical authority to the Federal provisions. Thus, OAC Title 252,
Chapter 205 provides equivalent and no less stringent authority than
the Federal Subtitle C program in effect July 1, 2015. The State of
Oklahoma incorporates by reference the provisions of 40 CFR part 124
that are required by 40 CFR 271.14 (with the addition of 40 CFR
124.19(a) through (c), 124.19(e), 124.31, 124.32, 124.33 and Subpart
G); 40 CFR parts 260 through 268 [with the exception of 260.21, 262
Subparts E and H, 264.1(f), 264.1(g)(12), 264.149, 264.150, 264.301(1),
264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f), 264.1080(g),
265.1(c)(4), 265.1(g)(12), 265.149, 265.150, 265.1030(c), 265.1050(f)
265.1080(e), 265.1080(f), 265.1080(g), 268.5, 268.6, 268.13, 268.42(b),
and 268.44(a) through (g)]; 40 CFR part 270 [with the exception of
270.1(c)(2)(ix) and 270.14(b)(18)]; 40 CFR part 273; and 40 CFR part
279.
The ODEQ is the lead Department to cooperate and share information
with the EPA for purpose of hazardous waste regulation.
Pursuant to 27A O.S. Section 2-7-104, the Executive Director has
created the Land Protection Division (LPD) to be responsible for
implementing the State Program. The LPD is staffed with personnel that
have the technical background and expertise to effectively implement
the provisions of the State Program Subtitle C hazardous waste
management program.
F. What changes are we proposing to authorize with this action?
On March 31, 2017, the ODEQ submitted a final complete program
application seeking authorization of their changes in accordance with
40 CFR 271.21. We have determined that the ODEQ's hazardous waste
program revision satisfies all of the requirements necessary to qualify
for final authorization. We are now proposing to authorize, subject to
receipt of written comments that oppose this action, Oklahoma's
hazardous waste program revision. The ODEQ revisions consist of
regulations which specifically govern Federal hazardous waste revisions
promulgated between July 1, 2014 through June 30, 2015 (RCRA Cluster
XXIV), excluding the Defintion of Solid Waste rule. We propose to grant
Oklahoma final authorization for the ODEQ requirements included in the
Table within this document. Requirement 2 in the Table below concerns
changes based on Coal Combustion Residuals Rulemaking (CCR) . In that
rulemaking, the Agency amended 40 CFR 261.4(b)(4) under RCRA Subtitle C
to clarify that ``wastes produced in conjunction with the combustion of
fossil fuels, which are necessarily associated with the production of
energy, and which traditionally have been, and which actually are,
mixed with and co-disposed or co-treated with fly ash, bottom ash,
boiler slag, or flue gas emission control wastes from coal combustion
are not hazardous wastes.'' The Requirement 2 in the Table below only
addresses this change to Subtitle C. CCR also amended 40 CFR part 257
to regulate the disposal of (CCR) as solid waste under Subtitle D. This
is not part of this Proposal. In a separate action, EPA has proposed
approval of a CCR permitting program for Oklahoma. See, 83 FR 2100,
January 16, 2018.
------------------------------------------------------------------------
Federal Register
Description of federal date and page and/ Analogous state
requirement (include checklist or RCRA statutory authority
number, if relevant) authority
------------------------------------------------------------------------
1. Vacatur of the Comparable 80 FR 18777-18780 Oklahoma Statutes
Fuels Rule and the April 8, 2015, Title 27A Section 2-
Gasification Rule. (Checklist effective April 7-101 et seq.,
234). 8, 2015. Oklahoma Hazardous
Waste Management
Act, as amended
September 15, 2015,
Oklahoma
Administrative Code,
Title 252, Chapter
205, Section 252:205-
3-2, effective
September 15, 2016.
2. Disposal of Coal Combustion 80 FR 21302-21501 Oklahoma Statutes
Residuals from Electric April 17, 2015; Title 27A Section 2-
Utilities. (Checklist 235). effective 7-101 et seq.,
October 19, 2015 Oklahoma Hazardous
[40 CFR Waste Management
261.4(b)(4)(i)-( Act, as amended
ii)(H) only]. September 15, 2015,
Oklahoma
Administrative Code,
Title 252, Chapter
205, Section 252:205-
3-2, effective
September 15, 2016.
------------------------------------------------------------------------
G. Why are the revised State rules different from the Federal rules?
There are no State requirements that are more stringent or broader
in scope than the Federal requirements.
H. Who handles permits after the final authorization takes effect?
ODEQ will continue to issue permits for all the provisions for
which it is authorized and will administer the permits it issues. The
EPA will continue to administer any RCRA hazardous waste permits or
portions of permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which Oklahoma
is not yet authorized.
I. How does this action affect Indian Country (18 U.S.C. 1151) in
Oklahoma?
Section 18 U.S.C. 1151 does not affect the State of Oklahoma
because under section 10211(a) of the SAFETEA, Public Law 109-59, 119
Statute 1144 (August 10, 2005) provides the State of Oklahoma
opportunity to request approval from EPA to administer RCRA Subtitle C
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 HSWA.
K. What is codification and is the EPA codifying Oklahoma's hazardous
waste program as authorized in this proposed rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart LL for this proposed authorization of ODEQ's program changes
until a later date. In this action, the EPA is not proposing to
[[Page 49903]]
codify the rules documented in this Federal Register document.
I. Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Orders 12866 (58 FR 51735, October
4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes
to authorize State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Therefore, this action is not subject to review by OMB. This action is
not an Executive Order 13771 (82FR 9339, February 3, 2017) regulatory
action because actions such as today's proposed authorization of the
State of Oklahoma's revised hazardous waste program under RCRA are
exempted under Executive Order 12866. Accordingly, I certify that 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 proposes to authorize preexisting
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 proposed 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 proposes to authorize 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 proposed action also is not subject to Executive Order 13045
(62 FR 19885, April 23, 1997), because it is not economically
significant and it does not make decisions based on environmental
health or safety risks. This proposed rule is not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 May 22, 2001),
because it is not a significant regulatory action under Executive Order
12866.
Under RCRA 3006(b), the EPA grants a State's application for
authorization, as long as the State meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for the EPA,
when it reviews a State authorization application to require the use of
any particular voluntary consensus standard in place of another
standard that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this proposed 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 proposed rule does not impose
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, the 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 proposes to
authorize pre-existing State rules which are at least equivalent to,
and no less stringent than existing federal requirements, and imposes
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.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: September 26, 2018.
Anne L. Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-21449 Filed 10-2-18; 8:45 am]
BILLING CODE 6560-50-P