Ohio: Proposed Authorization of State Hazardous Waste Management Program Revisions, 27057-27061 [2019-12180]
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Federal Register / Vol. 84, No. 112 / Tuesday, June 11, 2019 / Proposed Rules
§ 52.1320
Subpart AA—Missouri
2. In § 52.1320, the table in paragraph
(c) is amended by revising the entry
‘‘10–6.110’’ to read as follows:
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Identification of plan.
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(c) * * *
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EPA-APPROVED MISSOURI REGULATIONS
Missouri
citation
State
effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
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10–6.110 ...........
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Reporting Emission Data, Emission Fees, and Process Information.
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3. The authority citation for part 70
continues to read as follows:
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Authority: 42 U.S.C. 7401, et seq.
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
■ 4. Appendix A to part 70 is amended
by adding new paragraph (hh) under
‘‘Missouri’’ to read as follows: Missouri
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(hh) The Missouri Department of Natural
Resources submitted revisions to Missouri
rule 10 CSR 10–6.110, ‘‘Reporting Emission
Data, Emission Fees, and Process
Information’’ on January 15, 2019. The state
effective date is January 30, 2019. Approval
of Section 3(A) of 10 CSR 10–6.110 is
effective [date 30 days after date of
publication of the final rule in the Federal
Register].
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[FR Doc. 2019–12217 Filed 6–10–19; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R05–RCRA–2018–0375; FRL–9994–
74–Region 5]
Ohio: Proposed Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
AGENCY:
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[Date of publication of the final
rule in the Federal Register],
[Federal Register citation of
the final rule].
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ACTION:
PART 70—STATE OPERATING PERMIT
PROGRAMS
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1/30/2019
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Proposed rule.
Ohio has applied to the
Environmental Protection Agency (EPA)
for final authorization of changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA), as amended. EPA has
reviewed Ohio’s application and has
determined that these changes satisfy all
requirements needed to qualify for final
authorization. Therefore, we are
proposing to authorize the State’s
changes. EPA seeks public comment
prior to taking final action.
DATES: Comments must be received on
or before July 11, 2019.
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: gromnicki.jean@epa.gov.
• Fax: (prior to faxing, please notify
the EPA contact listed below).
• Mail: Jean Gromnicki, Ohio
Regulatory Specialist, LR–17J, U.S. EPA,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
• Hand Delivery or Courier: Deliver
your comments to Jean Gromnicki, LR–
17J, U.S. EPA, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604. Such deliveries are only
accepted during the Regional Office’s
normal hours of operation.
Instructions: EPA must receive your
comments by July 11, 2019. Direct your
comments to Docket ID Number EPA–
R05–RCRA–2018–0375. EPA’s policy is
that all comments received will be
SUMMARY:
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*
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Section (3)(A), Emissions Fees,
has not been approved as part
of the SIP.
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*
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included 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
www.regulations.gov, or email. The
federal www.regulations.gov website 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
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 www.regulations.gov,
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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
www.regulations.gov, or in hard copy.
You can view and copy Ohio’s
application and associated publicly
available materials from 9:00 a.m. to
4:00 p.m. at the following locations:
U.S. EPA Region 5, LR–17J, 77 West
Jackson Boulevard, Chicago, Illinois,
contact: Jean Gromnicki (312) 886–6162;
or Ohio Environmental Protection
Agency, Lazarus Government Center, 50
West Town Street, Suite 700, Columbus,
Ohio, contact: Katherine (Kit) Arthur
(614) 644–2932.
Submit your comments, identified by
Docket ID No. EPA–R05–RCRA–2018–
0375 at https://www.regulations.gov.
Follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from www.regulations.gov. EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be CBI or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jean
Gromnicki, Ohio Regulatory Specialist,
U.S. EPA Region 5, LR–17J, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–6162, email:
gromnicki.jean@epa.gov.
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
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changes, states must change their
programs and ask EPA to authorize the
changes. Changes to state programs may
be necessary when Federal or state
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, states must
change their programs because of
changes to EPA’s regulations in 40 Code
of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273, and 279.
New Federal requirements and
prohibitions imposed by Federal
regulations that EPA promulgates
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA)
take effect in authorized states at the
same time that they take effect in
unauthorized states. Thus, EPA will
implement those requirements and
prohibitions in Ohio, including the
issuance of new permits implementing
those requirements, until the State is
granted authorization to do so.
B. What decisions has EPA made in this
rule?
On February 19, 2019, Ohio submitted
a complete program revision application
seeking authorization of changes to its
hazardous waste program that
correspond to certain Federal rules
promulgated between July 1, 1987 and
June 30, 2015 (including RCRA Clusters
II and XXI through XXIV). EPA
concludes that Ohio’s application to
revise its authorized program meets all
of the statutory and regulatory
requirements established under RCRA,
as set forth in RCRA section 3006(b), 42
U.S.C. 6926(b), and 40 CFR part 271.
Therefore, EPA proposes to grant Ohio
final authorization to operate its
hazardous waste program with the
changes described in the authorization
application, and as outlined below in
Section F of this document.
Ohio has responsibility for permitting
treatment, storage, and disposal
facilities within its borders (except in
Indian country) and for carrying out the
aspects of the RCRA program described
in its revised program application,
subject to the limitations of HSWA, as
discussed above.
C. What is the effect of this proposed
authorization decision?
If Ohio is authorized for the changes
described in Ohio’s authorization
application, these changes will become
part of the authorized State hazardous
waste program, and will therefore be
federally enforceable. Ohio will
continue to have primary enforcement
authority and responsibility for its State
hazardous waste program. EPA would
maintain its authorities under RCRA
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sections 3007, 3008, 3013, and 7003,
including its authority to:
• Conduct inspections, and require
monitoring, tests, analyses and reports;
• Enforce RCRA requirements,
including authorized State program
requirements, and suspend or revoke
permits; and
• Take enforcement actions regardless
of whether the State has taken its own
actions.
This action will not impose additional
requirements on the regulated
community because the regulations
which EPA is proposing to authorize
Ohio are already effective under state
law, and are not changed by today’s
proposed action.
D. What happens if EPA receives
comments that oppose this action?
If EPA receives comments on this
proposed action, we will address all
such comments in a later final rule. You
may not have another opportunity to
comment. If you want to comment on
this authorization, you should do so at
this time.
E. What has Ohio previously been
authorized for?
Ohio initially received final
authorization on June 28, 1989, effective
June 30, 1989 (54 FR 27170, June 28,
1989) to implement the RCRA
hazardous waste management program.
Subsequently the EPA granted
authorization for changes to the Ohio
program effective June 7, 1991 (56 FR
14203, April 8, 1991) as corrected June
19, 1991, effective August 19, 1991 (56
FR 28088); effective September 25, 1995
(60 FR 38502. July 27, 1995); effective
December 23, 1996 (61 FR 54950,
October 23, 1996); effective January 24,
2003 (68 FR 3429, January 24, 2003);
effective January 20, 2006 (71 FR 3220,
January 20, 2006); effective October 29,
2007 (72 FR 61063, October 29, 2007);
effective March 19, 2012 (77 FR 25966,
March 19, 2012), and effective February
12, 2018 (83 FR 5948, February 12,
2018).
F. What changes are we proposing with
today’s action?
On February 19, 2019, Ohio submitted
a final complete program revision
application, seeking authorization of
changes to its hazardous waste
management program in accordance
with 40 CFR 271.21. EPA proposes to
determine, subject to receipt of written
comments that oppose this action, that
Ohio’s hazardous waste program
revisions are equivalent to, consistent
with, and no less stringent than the
federal program, and therefore satisfy all
of the requirements necessary to qualify
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for final authorization. Therefore, EPA
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is proposing to authorize Ohio for the
following program changes:
TABLE 1—OHIO’S ANALOGS TO THE FEDERAL REQUIREMENTS
Description of Federal Requirement
Federal Register date and
page
Permit as a Shield Provision Checklist 44 E ....................
December 1, 1987, 52 FR
45788.
June 15, 2010, 75 FR
33712.
December 17, 2010, 75 FR
78918.
OAC 3745–50–49; effective February 12, 2018.
December 20, 2010, 75 FR
79304.
June 13, 2011, 76 FR
34147.
April 13, 2012, 77 FR
22229.
July 31, 2013, 78 FR 46448
OAC 3745–52–200, 3745–52–206, 3745–52–212,
3745–52–214; effective October 31, 2015.
OAC 3745–270–40, 3745–270–48; effective October
31, 2015.
OAC 3745–51–32, 3745–266–20; effective March 24,
2017.
OAC 3745–50–10, 3745–51–04; effective October 31,
2015.
OAC 3745–50–10, 3745–51–04; effective October 31,
2015.
OAC 3745–50–10*, 3745–51–39, 3745–51–41 rescinded, 3745–51–41 new; effective February 12,
2018.
OAC 3745–50–10, 3745–51–04, 3745–51–38 rescinded; effective October 31, 2015.
Withdrawal of Expansion of Comparable Fuel Exclusion
Checklist 224.
Removal of Saccharin and its Salts from the Lists of
Hazardous Waste Constituents and Hazardous
Wastes Checklist 225.
Technical Corrections; Academic Laboratories Generator
Standards Checklist 226.
Revision of the Land Disposal Treatment Standards for
Carbamate Wastes Checklist 227.
Hazardous Waste Technical Corrections and Clarifications Rule Checklist 228.
Conditional Exclusion for Solvent-Contaminated Wipes
Checklist 229.
Conditional Exclusion for Carbon Dioxide Streams in
Geologic Sequestration Activities Checklist 230.
Revision to the Export Provisions of the Cathode Ray
Tube Rule Checklist 232.
Response to Vacatures of Comparable Fuels Rule and
the Gasification Rule Checklist 234.
January 3, 2014, 79 FR
350.
June 26, 2014, 79 FR
36220.
April 8, 2015, 80 FR 18777
Analogous state authority
OAC 3745–51–04, 3745–51–38 rescind; effective October 31, 2015.
OAC 3745–51–11, 3745–51–33, 3745–270–40; effective October 31, 2015.
TABLE 2—EQUIVALENT STATE INITIATED CHANGES
Liners and leak detection systems for
HW land disposal units [permit shield
portion only] (on checklist 100).
Organic air emission standards for tanks,
surface impoundments, & containers
[permit shield portion only] (on checklist 154.1).
Reorganization and name change for the
Office of Solid Waste.
Hazardous waste technical corrections
and clarifications rule [permit shield
portion only] (on checklist 223).
Guidelines establishing test procedures
for the analysis of pollutants under the
Clean Water Act; Analysis and sampling procedures.
Identification and listing; correction to 40
CFR 261.3.
Ohio Senate Bill 294 (129th General Assembly, Senator Schaffer).
Housekeeping ..........................................
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Housekeeping ..........................................
Housekeeping ..........................................
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FR January 29,
1992, 57 FR
3462.
FR December 6,
1994, 59 FR
62896.
OAC 3745–50–49; effective February 12, 2018.
FR June 25, 2009,
74 FR 30228.
FR March 18,
2010, 75 FR
12989.
FR May 18, 2012,
77 FR 29758.
OAC 3745–266–103; effective March 24, 2017.
FR June 20, 2014,
79 FR 35290.
Correcting ‘‘annual’’
to ‘‘biennial’’ for
some reporting
requirements
rules where the
correction was
not made previously.
Ohio’s 72-hour recyclers rule.
Update or remove
Ohio EPA division names, address, and telephone numbers
after agency reorganization.
Miscellaneous corrections (typos,
spelling, minor
stylistic changes,
etc.).
OAC 3745–51–03; effective March 24, 2017.
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OAC 3745–50–49; effective February 12, 2018.
OAC 3745–50–49; effective February 12, 2018.
OAC 3745–50–11; effective October 31, 2015.
OAC 3745–50–11, 3745–51–04, 3745–51–06; effective October 31, 2015.
OAC 3745–51–06; effective October 31, 2015.
OAC 3745–52–34, 3745–53–30, 3745–54–52, 3745–54–56, 3745–65–56,
3745–279–42, 3745–279–43, 3745–279–51, 3745–279–52, 3745–279–62,
3745–279–73; effective October 31, 2015.
OAC 3745–50–50, 3745–51–33, 3745–51–35, 3745–52–30, 3745–52–201,
3745–52–214, 3745–53–22, 3745–53–31, 3745–54–37, 3745–54–52, 3745–
56–27, 3745–56–59, 3745–56–83, 3745–57–17, 3745–57–90, 3745–65–37,
3745–65–52, 3745–69–40, 3745–266–108, 3745–266–109, 3745–270–38,
3745–270–40, 3745–273–05, 3745–273–09, 3745–273–39, 3745–273–62;
effective October 31, 2015.
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TABLE 2—EQUIVALENT STATE INITIATED CHANGES—Continued
Five-year review rules (2015) ..................
Housekeeping ..........................................
Five-year review rules (2017) ..................
Housekeeping ..........................................
Five-year review rules (2018) ..................
Ohio Rules ReOAC 3745–50–10, 3745–50–11, 3745–50–20, 3745–50–21, 3745–50–23,
viewed per 53745–50–30 rescinded, 3745–50–30 new, 3745–50–40, 3745–50–42, 3745–
year review re50–44, 3745–50–45, 3745–50–51, 3745–50–52, 3745–50–57, 3745–50–62,
quirements in
3745–50–66, 3745–50–235, 3745–51–04, 3745–51–05, 3745–51–06, 3745–
Ohio Revised
51–08, 3745–51–10, 3745–51–11, 3745–51–20, 3745–51–21, 3745–51–22,
Code section 106.
3745–51–24, 3745–52–21, 3745–52–34, 3745–52–200, 3745–52–206,
3745–52–212, 3745–53–30, 3745–54–01, 3745–54–13, 3745–54–15, 3745–
54–18, 3745–54–53, 3745–54–54, 3745–54–56, 3745–54–70, 3745–54–73,
3745–54–76, 3745–55–18, 3745–55–43, 3745–55–96, 3745–65–01, 3745–
65–13, 3745–65–15, 3745–65–53, 3745–65–56, 3745–65–70, 3745–65–73,
3745–65–76, 3745–66–41, 3745–66–93, 3745–66–95, 3745–66–96, 3745–
256–100, 3745–256–101, 3745–266–23, 3745–266–100, 3745–266–102,
3745–266–104, 3745–266–105, 3745–266–106, 3745–266–107, 3745–266–
111, 3745–266–201, 3745–266–202, 3745–266–203, 3745–266–205, 3745–
266–210, 3745–266–260, 3745–270–48, 3745–279–42, 3745–279–43,
3745–279–51, 3745–279–52, 3745–279–62, 3745–279–73; effective October
31, 2015.
Miscellaneous corOAC 3745–266–20, 3745–270–07; effective March 24, 2017.
rections (typos,
spelling, minor
stylistic changes,
etc.).
Ohio Rules ReOAC 3745–50–01, 3745–50–19, 3745–50–39, 3745–50–41, 3745–50–43,
viewed per 53745–50–53, 3745–50–54, 3745–50–56, 3745–51–03, 3745–51–31, 3745–
year review re51–32, 3745–52–11, 3745–52–12, 3745–52–203, 3745–52–204, 3745–52–
quirements in
209, 3745–52–210, 3745–52–211, 3745–52–215, 3745–55–42, 3745–55–44,
Ohio Revised
3745–55–45, 3745–55–47, 3745–55–95, 3745–55–98, 3745–57–74, 3745–
Code section 106.
65–90, 3745–65–92, 3745–65–93, 3745–66–12, 3745–66–42, 3745–66–43,
3745–66–44, 3745–66–45, 3745–66–47, 3745–66–98, 3745–66–101, 3745–
67–24, 3745–67–59, 3745–68–03, 3745–69–30, 3745–205–100, 3745–205–
101, 3745–266–103, 3745–270–09, 3745–270–42, 3745–279–01, 3745–
279–81; effective March 24, 2017.
Miscellaneous corOAC 3745–51–41 rescinded, 3745–51–41 new, 3745–52–23, 3745–54–76,
rections (typos,
3745–54–93, 3745–56–71, 3745–56–72, 3745–56–76, 3745–65–76, 3745–
spelling, minor
66–77, 3745–67–30, 3745–67–57, 3745–67–82, 3745–68–13, 3745–266–
stylistic changes,
101; effective February 12, 2018.
etc.).
Ohio Rules ReOAC 3745–50–10,* 3745–50–28, 3745–50–46, 3745–50–49, 3745–50–58,
viewed per 53745–51–01, 3745–51–02, 3745–51–07, 3745–51–23, 3745–51–39, 3745–
year review re51–40, 3745–51–41 new, 3745–52–10, 3745–52–12, 3745–52–41, 3745–
quirements in
52–50, 3745–52–60, 3745–52–205, 3745–53–10, 3745–53–11 rescinded,
Ohio Revised
3745–53–11 new, 3745–53–20 rescinded, 3745–53–20 new, 3745–54–12,
Code section 106.
3745–54–16, 3745–54–71, 3745–54–77, 3745–54–93, 3745–54–94, 3745–
54–99, 3745–55–74, 3745–57–91, 3745–65–12, 3745–65–16, 3745–65–33,
3745–65–71, 3745–65–77, 3745–65–94, 3745–66–74, 3745–266–70, 3745–
266–80, 3745–266–101, 3745–266–200, 3745–270–05, 3745–270–06,
3745–270–44, 3745–273–08, 3745–273–20, 3745–273–40, 3745–273–56,
3745–273–70; effective February 12, 2018.
* Although rule 3745–50–10 of the Ohio Administrative Code, as effective February 12, 2018, is included in Ohio’s request for authorization in
ARA 10, Ohio is not seeking authorization for the following provisions that went into the rule on that date regarding Ohio-specific universal
wastes (these provisions are not in the federal counterpart 40 CFR 260.10 and are Broader in Scope): 3745–50–10 ‘‘Paint-related waste’’ definition; 3745–50–10 ‘‘Small quantity handler of universal waste’’ definition; 3745–50–10 in ‘‘Universal waste’’ definition, paragraphs (e) through
(e)(iii); 3745–50–10 in ‘‘Universal waste handler’’ definition; 3745–50–10 ‘‘Universal waste satellite accumulation area’’ definition.
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G. Where are the revised State rules
different from the Federal rules?
Broader in Scope Rules
Ohio has excluded the non-delegable
federal requirements at 40 CFR 268.5,
268.6, 268.42(b), 268.44, and 270.3. EPA
will continue to implement those
requirements. Only recently receiving
the statutory authority, Ohio has not
adopted the rules for Subparts AA, BB
and CC of 40 CFR part 264. Until Ohio
is authorized for such rules, the federal
rules at 40 CFR part 264 subpart AA, BB
and CC and Part 265 subpart AA, BB
and CC, which are promulgated under
HSWA, still apply in Ohio.
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Ohio has added three new types of
Universal Waste (UW) to their existing
UW Rule. They are Paint and PaintRelated Waste, Antifreeze and NonEmpty Aerosol Containers that are not
already regulated as hazardous waste.
Since Ohio is adding universal wastes
EPA does not regulate under RCRA
subtitle C, these additions are
considered broader in scope and, as
noted above, Ohio is not seeking
authorization for them.
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H. Who handles permits after the final
authorization takes effect?
When the Final Authorization takes
effect, Ohio will issue permits for 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 which EPA issues
prior to the effective date of the
proposed authorization until they expire
or are terminated. EPA will not issue
any new permits or new portions of
permits for the provisions listed in the
Table above after the effective date of
the authorization. EPA will continue to
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implement and issue permits for HSWA
requirements for which Ohio is not yet
authorized. EPA has the authority to
enforce state-issued permits after the
State is authorized.
I. How does today’s action affect Indian
country (18 U.S.C. 1151) in Ohio?
Ohio is not authorized to carry out its
hazardous waste program in Indian
country within the State, which
includes:
• All lands within the exterior
boundaries of Indian reservations
within or abutting the State of Ohio;
• Any land held in trust by the U.S.
for an Indian tribe; and
• Any other land, whether on or off
an Indian reservation, that qualifies as
Indian country.
Therefore, this action has no effect on
Indian country. EPA retains jurisdiction
over Indian country and will continue
to implement and administer the RCRA
program on these lands.
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J. What is codification and will EPA
codify Ohio’s hazardous waste program
as proposed in this rule?
Codification is the process of placing
citations and references to the State’s
statutes and regulations that comprise
the State’s authorized hazardous waste
program into the Code of Federal
Regulations. EPA does this by adding
those citations and references to the
authorized State rules in 40 CFR part
272. EPA is not proposing to codify the
authorization of Ohio’s changes at this
time. However, EPA reserves the ability
to amend 40 CFR part 272, subpart KK
for the authorization of Ohio’s program
changes at a later date.
K. Statutory and Executive Order
Reviews
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Order
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 section 3006 and imposes no
additional requirements beyond those
imposed by State law. Therefore, this
action is not subject to review by OMB.
This action is not an Executive Order
13771 (82 FR 9339, February 3, 2017)
regulatory action because actions such
as today’s proposed authorization of
Ohio’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
VerDate Sep<11>2014
16:27 Jun 10, 2019
Jkt 247001
proposes to authorize pre-existing
requirements under State law and does
not impose any additional enforceable
duty beyond that required by State law,
it does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538). For the
same reason, this action also does not
significantly or uniquely affect the
communities of tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action will not have substantial direct
effects on the states, on the relationship
between the national government and
the states, or on the distribution of
power and responsibilities among the
various levels of government, as
specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it
merely 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 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 action 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 section 3006(b), 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 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
proposing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. EPA
has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
this action in accordance with the
‘‘Attorney General’s Supplemental
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
27061
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order. This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
‘‘Burden’’ is defined at 5 CFR 1320.3(b).
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
Because this action proposes
authorization of 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, this
proposed 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, and
6974(b).
Dated: May 21, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019–12180 Filed 6–10–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2019–0263; FRL–9994–85]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (19–2.B)
Environmental Protection
Agency (EPA).
AGENCY:
E:\FR\FM\11JNP1.SGM
11JNP1
]]>Agencies
[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Proposed Rules]
[Pages 27057-27061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12180]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R05-RCRA-2018-0375; FRL-9994-74-Region 5]
Ohio: Proposed Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Ohio has applied to the Environmental Protection Agency (EPA)
for final authorization of changes to its hazardous waste program under
the Resource Conservation and Recovery Act (RCRA), as amended. EPA has
reviewed Ohio's application and has determined that these changes
satisfy all requirements needed to qualify for final authorization.
Therefore, we are proposing to authorize the State's changes. EPA seeks
public comment prior to taking final action.
DATES: Comments must be received on or before July 11, 2019.
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: (prior to faxing, please notify the EPA contact
listed below).
Mail: Jean Gromnicki, Ohio Regulatory Specialist, LR-17J,
U.S. EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand Delivery or Courier: Deliver your comments to Jean
Gromnicki, LR-17J, U.S. EPA, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604. Such deliveries are only accepted during the
Regional Office's normal hours of operation.
Instructions: EPA must receive your comments by July 11, 2019.
Direct your comments to Docket ID Number EPA-R05-RCRA-2018-0375. EPA's
policy is that all comments received will be included 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 www.regulations.gov, or email.
The federal www.regulations.gov website 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
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
www.regulations.gov,
[[Page 27058]]
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
www.regulations.gov, or in hard copy.
You can view and copy Ohio's application and associated publicly
available materials from 9:00 a.m. to 4:00 p.m. at the following
locations: U.S. EPA Region 5, LR-17J, 77 West Jackson Boulevard,
Chicago, Illinois, contact: Jean Gromnicki (312) 886-6162; or Ohio
Environmental Protection Agency, Lazarus Government Center, 50 West
Town Street, Suite 700, Columbus, Ohio, contact: Katherine (Kit) Arthur
(614) 644-2932.
Submit your comments, identified by Docket ID No. EPA-R05-RCRA-
2018-0375 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be CBI or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jean Gromnicki, Ohio Regulatory
Specialist, U.S. EPA Region 5, LR-17J, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-6162, email: [email protected].
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 changes, states must
change their programs and ask EPA to authorize the changes. Changes to
state programs may be necessary when Federal or state statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, states must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273, and 279.
New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) take effect in authorized states at the
same time that they take effect in unauthorized states. Thus, EPA will
implement those requirements and prohibitions in Ohio, including the
issuance of new permits implementing those requirements, until the
State is granted authorization to do so.
B. What decisions has EPA made in this rule?
On February 19, 2019, Ohio submitted a complete program revision
application seeking authorization of changes to its hazardous waste
program that correspond to certain Federal rules promulgated between
July 1, 1987 and June 30, 2015 (including RCRA Clusters II and XXI
through XXIV). EPA concludes that Ohio's application to revise its
authorized program meets all of the statutory and regulatory
requirements established under RCRA, as set forth in RCRA section
3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA
proposes to grant Ohio final authorization to operate its hazardous
waste program with the changes described in the authorization
application, and as outlined below in Section F of this document.
Ohio has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of HSWA, as
discussed above.
C. What is the effect of this proposed authorization decision?
If Ohio is authorized for the changes described in Ohio's
authorization application, these changes will become part of the
authorized State hazardous waste program, and will therefore be
federally enforceable. Ohio will continue to have primary enforcement
authority and responsibility for its State hazardous waste program. EPA
would maintain its authorities under RCRA sections 3007, 3008, 3013,
and 7003, including its authority to:
Conduct inspections, and require monitoring, tests,
analyses and reports;
Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
Take enforcement actions regardless of whether the State
has taken its own actions.
This action will not impose additional requirements on the
regulated community because the regulations which EPA is proposing to
authorize Ohio are already effective under state law, and are not
changed by today's proposed action.
D. What happens if EPA receives comments that oppose this action?
If EPA receives comments on this proposed action, we will address
all such comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you should do so at this time.
E. What has Ohio previously been authorized for?
Ohio initially received final authorization on June 28, 1989,
effective June 30, 1989 (54 FR 27170, June 28, 1989) to implement the
RCRA hazardous waste management program. Subsequently the EPA granted
authorization for changes to the Ohio program effective June 7, 1991
(56 FR 14203, April 8, 1991) as corrected June 19, 1991, effective
August 19, 1991 (56 FR 28088); effective September 25, 1995 (60 FR
38502. July 27, 1995); effective December 23, 1996 (61 FR 54950,
October 23, 1996); effective January 24, 2003 (68 FR 3429, January 24,
2003); effective January 20, 2006 (71 FR 3220, January 20, 2006);
effective October 29, 2007 (72 FR 61063, October 29, 2007); effective
March 19, 2012 (77 FR 25966, March 19, 2012), and effective February
12, 2018 (83 FR 5948, February 12, 2018).
F. What changes are we proposing with today's action?
On February 19, 2019, Ohio submitted a final complete program
revision application, seeking authorization of changes to its hazardous
waste management program in accordance with 40 CFR 271.21. EPA proposes
to determine, subject to receipt of written comments that oppose this
action, that Ohio's hazardous waste program revisions are equivalent
to, consistent with, and no less stringent than the federal program,
and therefore satisfy all of the requirements necessary to qualify
[[Page 27059]]
for final authorization. Therefore, EPA is proposing to authorize Ohio
for the following program changes:
Table 1--Ohio's Analogs to the Federal Requirements
------------------------------------------------------------------------
Description of Federal Federal Register Analogous state
Requirement date and page authority
------------------------------------------------------------------------
Permit as a Shield Provision December 1, 1987, OAC 3745-50-49;
Checklist 44 E. 52 FR 45788. effective February
12, 2018.
Withdrawal of Expansion of June 15, 2010, 75 OAC 3745-51-04, 3745-
Comparable Fuel Exclusion FR 33712. 51-38 rescind;
Checklist 224. effective October
31, 2015.
Removal of Saccharin and its December 17, OAC 3745-51-11, 3745-
Salts from the Lists of 2010, 75 FR 51-33, 3745-270-40;
Hazardous Waste Constituents 78918. effective October
and Hazardous Wastes 31, 2015.
Checklist 225.
Technical Corrections; December 20, OAC 3745-52-200, 3745-
Academic Laboratories 2010, 75 FR 52-206, 3745-52-212,
Generator Standards Checklist 79304. 3745-52-214;
226. effective October
31, 2015.
Revision of the Land Disposal June 13, 2011, 76 OAC 3745-270-40, 3745-
Treatment Standards for FR 34147. 270-48; effective
Carbamate Wastes Checklist October 31, 2015.
227.
Hazardous Waste Technical April 13, 2012, OAC 3745-51-32, 3745-
Corrections and 77 FR 22229. 266-20; effective
Clarifications Rule Checklist March 24, 2017.
228.
Conditional Exclusion for July 31, 2013, 78 OAC 3745-50-10, 3745-
Solvent-Contaminated Wipes FR 46448. 51-04; effective
Checklist 229. October 31, 2015.
Conditional Exclusion for January 3, 2014, OAC 3745-50-10, 3745-
Carbon Dioxide Streams in 79 FR 350. 51-04; effective
Geologic Sequestration October 31, 2015.
Activities Checklist 230.
Revision to the Export June 26, 2014, 79 OAC 3745-50-10*, 3745-
Provisions of the Cathode Ray FR 36220. 51-39, 3745-51-41
Tube Rule Checklist 232. rescinded, 3745-51-
41 new; effective
February 12, 2018.
Response to Vacatures of April 8, 2015, 80 OAC 3745-50-10, 3745-
Comparable Fuels Rule and the FR 18777. 51-04, 3745-51-38
Gasification Rule Checklist rescinded; effective
234. October 31, 2015.
------------------------------------------------------------------------
Table 2--Equivalent State Initiated Changes
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Liners and leak detection systems for FR January 29, 1992, 57 OAC 3745-50-49; effective February 12, 2018.
HW land disposal units [permit FR 3462.
shield portion only] (on checklist
100).
Organic air emission standards for FR December 6, 1994, 59 OAC 3745-50-49; effective February 12, 2018.
tanks, surface impoundments, & FR 62896.
containers [permit shield portion
only] (on checklist 154.1).
Reorganization and name change for FR June 25, 2009, 74 FR OAC 3745-266-103; effective March 24, 2017.
the Office of Solid Waste. 30228.
Hazardous waste technical corrections FR March 18, 2010, 75 OAC 3745-50-49; effective February 12, 2018.
and clarifications rule [permit FR 12989.
shield portion only] (on checklist
223).
Guidelines establishing test FR May 18, 2012, 77 FR OAC 3745-50-11; effective October 31, 2015.
procedures for the analysis of 29758.
pollutants under the Clean Water
Act; Analysis and sampling
procedures.
Identification and listing; FR June 20, 2014, 79 FR OAC 3745-51-03; effective March 24, 2017.
correction to 40 CFR 261.3. 35290.
Ohio Senate Bill 294 (129th General Correcting ``annual'' OAC 3745-50-11, 3745-51-04, 3745-51-06;
Assembly, Senator Schaffer). to ``biennial'' for effective October 31, 2015.
some reporting
requirements rules
where the correction
was not made
previously.
Housekeeping......................... Ohio's 72-hour OAC 3745-51-06; effective October 31, 2015.
recyclers rule.
Housekeeping......................... Update or remove Ohio OAC 3745-52-34, 3745-53-30, 3745-54-52, 3745-54-
EPA division names, 56, 3745-65-56, 3745-279-42, 3745-279-43, 3745-
address, and telephone 279-51, 3745-279-52, 3745-279-62, 3745-279-73;
numbers after agency effective October 31, 2015.
reorganization.
Housekeeping......................... Miscellaneous OAC 3745-50-50, 3745-51-33, 3745-51-35, 3745-52-
corrections (typos, 30, 3745-52-201, 3745-52-214, 3745-53-22, 3745-
spelling, minor 53-31, 3745-54-37, 3745-54-52, 3745-56-27, 3745-
stylistic changes, 56-59, 3745-56-83, 3745-57-17, 3745-57-90, 3745-
etc.). 65-37, 3745-65-52, 3745-69-40, 3745-266-108,
3745-266-109, 3745-270-38, 3745-270-40, 3745-
273-05, 3745-273-09, 3745-273-39, 3745-273-62;
effective October 31, 2015.
[[Page 27060]]
Five-year review rules (2015)........ Ohio Rules Reviewed per OAC 3745-50-10, 3745-50-11, 3745-50-20, 3745-50-
5-year review 21, 3745-50-23, 3745-50-30 rescinded, 3745-50-
requirements in Ohio 30 new, 3745-50-40, 3745-50-42, 3745-50-44,
Revised Code section 3745-50-45, 3745-50-51, 3745-50-52, 3745-50-57,
106. 3745-50-62, 3745-50-66, 3745-50-235, 3745-51-
04, 3745-51-05, 3745-51-06, 3745-51-08, 3745-51-
10, 3745-51-11, 3745-51-20, 3745-51-21, 3745-51-
22, 3745-51-24, 3745-52-21, 3745-52-34, 3745-52-
200, 3745-52-206, 3745-52-212, 3745-53-30, 3745-
54-01, 3745-54-13, 3745-54-15, 3745-54-18, 3745-
54-53, 3745-54-54, 3745-54-56, 3745-54-70, 3745-
54-73, 3745-54-76, 3745-55-18, 3745-55-43, 3745-
55-96, 3745-65-01, 3745-65-13, 3745-65-15, 3745-
65-53, 3745-65-56, 3745-65-70, 3745-65-73, 3745-
65-76, 3745-66-41, 3745-66-93, 3745-66-95, 3745-
66-96, 3745-256-100, 3745-256-101, 3745-266-23,
3745-266-100, 3745-266-102, 3745-266-104, 3745-
266-105, 3745-266-106, 3745-266-107, 3745-266-
111, 3745-266-201, 3745-266-202, 3745-266-203,
3745-266-205, 3745-266-210, 3745-266-260, 3745-
270-48, 3745-279-42, 3745-279-43, 3745-279-51,
3745-279-52, 3745-279-62, 3745-279-73;
effective October 31, 2015.
Housekeeping......................... Miscellaneous OAC 3745-266-20, 3745-270-07; effective March
corrections (typos, 24, 2017.
spelling, minor
stylistic changes,
etc.).
Five-year review rules (2017)........ Ohio Rules Reviewed per OAC 3745-50-01, 3745-50-19, 3745-50-39, 3745-50-
5-year review 41, 3745-50-43, 3745-50-53, 3745-50-54, 3745-50-
requirements in Ohio 56, 3745-51-03, 3745-51-31, 3745-51-32, 3745-52-
Revised Code section 11, 3745-52-12, 3745-52-203, 3745-52-204, 3745-
106. 52-209, 3745-52-210, 3745-52-211, 3745-52-215,
3745-55-42, 3745-55-44, 3745-55-45, 3745-55-47,
3745-55-95, 3745-55-98, 3745-57-74, 3745-65-90,
3745-65-92, 3745-65-93, 3745-66-12, 3745-66-42,
3745-66-43, 3745-66-44, 3745-66-45, 3745-66-47,
3745-66-98, 3745-66-101, 3745-67-24, 3745-67-
59, 3745-68-03, 3745-69-30, 3745-205-100, 3745-
205-101, 3745-266-103, 3745-270-09, 3745-270-
42, 3745-279-01, 3745-279-81; effective March
24, 2017.
Housekeeping......................... Miscellaneous OAC 3745-51-41 rescinded, 3745-51-41 new, 3745-
corrections (typos, 52-23, 3745-54-76, 3745-54-93, 3745-56-71, 3745-
spelling, minor 56-72, 3745-56-76, 3745-65-76, 3745-66-77, 3745-
stylistic changes, 67-30, 3745-67-57, 3745-67-82, 3745-68-13, 3745-
etc.). 266-101; effective February 12, 2018.
Five-year review rules (2018)........ Ohio Rules Reviewed per OAC 3745-50-10,* 3745-50-28, 3745-50-46, 3745-50-
5-year review 49, 3745-50-58, 3745-51-01, 3745-51-02, 3745-51-
requirements in Ohio 07, 3745-51-23, 3745-51-39, 3745-51-40, 3745-51-
Revised Code section 41 new, 3745-52-10, 3745-52-12, 3745-52-41,
106. 3745-52-50, 3745-52-60, 3745-52-205, 3745-53-
10, 3745-53-11 rescinded, 3745-53-11 new, 3745-
53-20 rescinded, 3745-53-20 new, 3745-54-12,
3745-54-16, 3745-54-71, 3745-54-77, 3745-54-93,
3745-54-94, 3745-54-99, 3745-55-74, 3745-57-91,
3745-65-12, 3745-65-16, 3745-65-33, 3745-65-71,
3745-65-77, 3745-65-94, 3745-66-74, 3745-266-
70, 3745-266-80, 3745-266-101, 3745-266-200,
3745-270-05, 3745-270-06, 3745-270-44, 3745-273-
08, 3745-273-20, 3745-273-40, 3745-273-56, 3745-
273-70; effective February 12, 2018.
----------------------------------------------------------------------------------------------------------------
* Although rule 3745-50-10 of the Ohio Administrative Code, as effective February 12, 2018, is included in
Ohio's request for authorization in ARA 10, Ohio is not seeking authorization for the following provisions
that went into the rule on that date regarding Ohio-specific universal wastes (these provisions are not in the
federal counterpart 40 CFR 260.10 and are Broader in Scope): 3745-50-10 ``Paint-related waste'' definition;
3745-50-10 ``Small quantity handler of universal waste'' definition; 3745-50-10 in ``Universal waste''
definition, paragraphs (e) through (e)(iii); 3745-50-10 in ``Universal waste handler'' definition; 3745-50-10
``Universal waste satellite accumulation area'' definition.
G. Where are the revised State rules different from the Federal rules?
Ohio has excluded the non-delegable federal requirements at 40 CFR
268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to
implement those requirements. Only recently receiving the statutory
authority, Ohio has not adopted the rules for Subparts AA, BB and CC of
40 CFR part 264. Until Ohio is authorized for such rules, the federal
rules at 40 CFR part 264 subpart AA, BB and CC and Part 265 subpart AA,
BB and CC, which are promulgated under HSWA, still apply in Ohio.
Broader in Scope Rules
Ohio has added three new types of Universal Waste (UW) to their
existing UW Rule. They are Paint and Paint-Related Waste, Antifreeze
and Non-Empty Aerosol Containers that are not already regulated as
hazardous waste. Since Ohio is adding universal wastes EPA does not
regulate under RCRA subtitle C, these additions are considered broader
in scope and, as noted above, Ohio is not seeking authorization for
them.
H. Who handles permits after the final authorization takes effect?
When the Final Authorization takes effect, Ohio will issue permits
for 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 which EPA issues prior
to the effective date of the proposed authorization until they expire
or are terminated. EPA will not issue any new permits or new portions
of permits for the provisions listed in the Table above after the
effective date of the authorization. EPA will continue to
[[Page 27061]]
implement and issue permits for HSWA requirements for which Ohio is not
yet authorized. EPA has the authority to enforce state-issued permits
after the State is authorized.
I. How does today's action affect Indian country (18 U.S.C. 1151) in
Ohio?
Ohio is not authorized to carry out its hazardous waste program in
Indian country within the State, which includes:
All lands within the exterior boundaries of Indian
reservations within or abutting the State of Ohio;
Any land held in trust by the U.S. for an Indian tribe;
and
Any other land, whether on or off an Indian reservation,
that qualifies as Indian country.
Therefore, this action has no effect on Indian country. EPA retains
jurisdiction over Indian country and will continue to implement and
administer the RCRA program on these lands.
J. What is codification and will EPA codify Ohio's hazardous waste
program as proposed in this rule?
Codification is the process of placing citations and references to
the State's statutes and regulations that comprise the State's
authorized hazardous waste program into the Code of Federal
Regulations. EPA does this by adding those citations and references to
the authorized State rules in 40 CFR part 272. EPA is not proposing to
codify the authorization of Ohio's changes at this time. However, EPA
reserves the ability to amend 40 CFR part 272, subpart KK for the
authorization of Ohio's program changes at a later date.
K. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 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 section 3006 and
imposes no additional requirements beyond those imposed by State law.
Therefore, this action is not subject to review by OMB. This action is
not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory
action because actions such as today's proposed authorization of Ohio'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 pre-existing requirements under State
law and does not impose any additional enforceable duty beyond that
required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same
reason, this action also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely 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 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 action 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 section 3006(b), 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 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 proposing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of this action 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 action does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). Executive
Order 12898 (59 FR 7629, February 16, 1994) establishes federal
executive policy on environmental justice. Its main provision directs
federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. Because this action proposes authorization of 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,
this proposed 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, and 6974(b).
Dated: May 21, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-12180 Filed 6-10-19; 8:45 am]
BILLING CODE 6560-50-P
