California: Authorization of State Hazardous Waste Management Program Revisions, 12895-12898 [2021-04586]
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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
This proposed action does not apply
on any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, this proposed action does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
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List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 25, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021–04406 Filed 3–4–21; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R09–RCRA–2019–0491; FRL–10019–
33–Region 9]
California: Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; correction.
AGENCY:
The Environmental Protection
Agency (EPA) approved revisions to
California’s federally authorized
hazardous waste program by publishing
proposed and final rules in the Federal
Register on October 18, 2019 and
January 14, 2020, respectively. The
notice for the proposed rule
inadvertently and unintentionally left
out citations for approving the State’s
authority to adopt additional waste
streams as universal wastes in the State
Analogues to the Federal Program table.
In addition, the scope of the State
program that is considered ‘‘broader in
scope’’ than the federal program was
mis-designated. We are proposing to
correct these and related errors. EPA
seeks public comment prior to taking
final action.
DATES: Comments on this proposed
correction must be received by April 5,
2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
RCRA–2019–0491, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (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.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Laurie Amaro, EPA Region 9, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3364 or by
email at Amaro.Laurie@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are corrections to the revised
state program authorization necessary?
States that have received final
authorization from EPA under the
Resource Conservation and Recovery
Act (RCRA) § 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. EPA’s Federal Register notices
regarding proposed and final
authorization of revisions to state
hazardous waste management programs
provide the public with an opportunity
to comment and also offer details with
respect to the scope of the revised
program authorizations on which both
the general public and the regulated
community may rely. Where these
notices omit critical information or fail
to clearly delineate the scope of
authorized program revisions,
corrections may be necessary and/or
appropriate.
B. What corrections is EPA making to
this rule?
After proposing updates to
California’s authorized hazardous waste
program on October 18, 2019 (80 FR
55871), EPA authorized changes to
California’s hazardous waste program
on January 14, 2020 (85 FR 2038). EPA
is now proposing to correct the updated
authorization by clarifying that: (1)
California is authorized to add federallyregulated hazardous waste streams to its
universal waste program and the
requirements that California establishes
to manage such added waste streams are
federally enforceable, whether they are
added to California’s universal waste
program prior to or after EPA’s
authorization of the State’s universal
waste program; (2) State universal waste
requirements that apply to non-RCRA
wastes designated by California as
‘‘hazardous waste,’’ also known as
‘‘non-RCRA hazardous waste,’’ are
beyond the scope of the federal program
and are not being authorized; and,
similarly, (3) other wastes that are
sometimes federally-regulated
hazardous waste and sometimes nonRCRA hazardous waste under California
law, are part of the federally authorized
program, but only insofar as these
materials constitute federally-regulated
hazardous waste. If these corrections are
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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules
finalized, these changes to the scope of
California’s authorized universal
hazardous waste program would
become effective.
C. What happens if EPA receives
comments that oppose this proposed
action?
EPA will consider all comments
received during the comment period
and address them in a final rule. You
may not have another opportunity to
comment. If you want to comment on
the corrections proposed here, you must
do so at this time.
D. What has California previously been
authorized for?
California initially received final
authorization for the state hazardous
waste management program on July 23,
1992 (57 FR 32726), effective August 1,
1992. EPA granted final authorization
for changes to California’s program on
the following dates: September 26, 2001
(66 FR 49118), effective September 26,
2001 and October 7, 2011 (76 FR 62303),
effective October 7, 2011 and January
14, 2020 (85 FR 2038), effective January
14, 2020.
E. What changes is EPA proposing to
authorize with this action?
EPA proposes to correct and clarify
the terms of the January 14, 2020
authorization of California’s hazardous
waste program with respect to universal
waste.
1. Proposed Changes to the State
Analogues to the Federal Program Table
EPA is recreating in this proposal the
State Analogues to the Federal Program
table that was published in the
proposed authorization update Federal
Register notice at 84 FR 55872 (October
18, 2019). This table is a helpful tool in
tracking the elements of the authorized
State hazardous waste program.
As an initial matter, EPA is adding
citations in the table to reflect the
Agency’s proposed authorization of
California’s authority to add waste
streams to the State’s universal waste
program at Title 22 of the California
Code of Regulations (CCR) 66260.22 and
66260.23, the federal analogues of
which are 40 CFR 260.20(a) and
260.23(a) through (d), respectively.
Authorization of these provisions—
which were inadvertently omitted from
the proposed and final rules authorizing
California universal waste program—is
critical to EPA’s ability to enforce State
universal waste program requirements
for federally-regulated hazardous wastes
that have already been or are added to
California’s universal waste program in
the future. If these proposed corrections
to authorize 22 CCR 66260.22 and
66260.23 are finalized, EPA will be
empowered to enforce California’s
universal waste requirements for
federally regulated hazardous waste that
California has already added or adds to
its universal waste program pursuant to
these requirements in the future.
Similarly, EPA is adding a footnote to
the updated State Analogues to the
Federal Program table to clarify the
implications of the authorization of the
State’s universal waste program on a
waste stream that the State already
identified as a universal waste before
the universal waste authorization
update was effective, i.e., aerosol cans.
This footnote clarifies that, while EPA
has more recently taken action to
identify aerosol cans as universal waste
(citing 84 FR 67202, December 9, 2019,
effective February 7, 2020), California’s
previous reliance on 22 CCR 66260.22
and 66260.23 to add such wastes, which
are proposed to be authorized in
accordance with this correction, would
be considered retroactive. Thus, if these
corrections are approved, California’s
universal waste requirements for aerosol
cans would be federally enforceable.
The Agency believes that these State
requirements would have been included
in California’s universal waste
authorization update application, but
for the fact that the federal aerosol can
universal waste rule was not in effect at
the time of the State’s July 10, 2019
submittal of its application. Because the
Agency is correcting the recent
authorization update and is now
proposing approval of California’s
analogous provisions for adding new
universal waste streams under 40 CFR
260.20 and 260.23, and because aerosol
cans were previously added to
California’s universal waste program in
accordance with its analogues to these
provisions, the Agency maintains that
the clarifying footnote in this proposal
is both helpful and appropriate.
The corrections proposed in this rule,
and described above, would require
modifications to the State Analogues to
the Federal Program table published on
October 18, 2019 (80 FR 55871), as
follows:
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STATE ANALOGUES TO THE FEDERAL PROGRAM
Description of Federal requirement
(checklist, if applicable)
Federal Register date and page
40 Code of Federal Regulations (CFR)
260.20(a) and 260.23(a) through (d) (Checklist 142 E).
60 FR 25492, May 11, 1995 ............................
40 (CFR) part 273, subparts A through G—
Standards for Universal Waste a.
Excluding 273.33(a)(3)(iii) and 273.33 (b)(1)
through (4) (Checklists 142 A, B, D, E, 176,
181, 209, 215) b.
60
63
64
70
71
FR
FR
FR
FR
FR
25492,
71225,
36466,
45508,
40254,
May 11, 1995 ............................
December 24, 1998 ..................
July 6, 1999 ..............................
Aug. 5, 2005 .............................
July 14, 2006 c ..........................
Analogous State Authority California Code of
Regulations (CCR) Title 22, Division 4.5 and
Health and Safety Code
22 CCR 66260.22, adopted 2003, amended
March 15, 2003.
22 CCR 66260.23, adopted 2003, amended
February 4, 2009.
22 CCR 66273, October 22, 2018.
Health & Safety Code 25201.16, October 3,
2001.
a Because several definitions in the state universal waste regulations do not have federal counterparts, the state cited additional federal regulations at 40 CFR 260.1, 260.10, 261.4, 262.81, 264.142 and 270.2 in support of its application for authorization of the State’s universal waste program.
b Although Checklist 214 is mentioned in the State Attorney General’s Statement, EPA is not including it here because the typographical and
spelling corrections made in this checklist are not relevant to the State’s regulatory language.
c Adding Aerosol Cans to Universal Waste (84 FR 67202, December 9, 2019, effective February 7, 2020) is not included here because it was
not in effect at the time of the State’s application. In addition, we are approving the State’s analogous provisions for adding waste streams under
40 CFR 260.20 and 260.23, thus the state may add additional waste streams that meet the conditions outlined in 40 CFR 273.81. As a result,
California’s inclusion of aerosol cans in its universal waste program is also proposed to be authorized. Unlike the authorization of most of RCRA
hazardous waste management requirements, the authorization of 22 CCR 66260.22(a) and 66260.23(a) through (d) means that any federally
regulated hazardous waste added to California’s universal waste program pursuant to these requirements are automatically authorized, regardless of when California adds them.
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2. Proposed Changes to the List of State
Provisions Deemed ‘‘Broader in Scope’’
This notice also proposes to correct
that part of EPA’s California universal
waste authorization update that
mistakenly identified California’s
regulation of aerosol cans and other
California-listed universal wastes as
broader in scope than the federal
program. EPA proposes to revise the list
of California requirements beyond the
scope of the federal program by deleting
the following paragraph from the list of
State requirements that are broader in
scope than the federal program (section
G from the October 18, 2019 proposal):
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California-only universal wastes. California
has added the following non-RCRA waste
streams to its universal waste program:
Aerosol cans, cathode ray tubes (CRTs), CRT
glass and electronic devices.
The inclusion of this language in this
section of the 2019 proposal was an
inadvertent error. These materials were
all previously identified by California as
universal hazardous waste in
accordance with 22 CCR 66260.22 and
66260.23 and, except for aerosol cans,
were all included in California’s
authorization update application. As a
result, similar to aerosol cans,
California’s regulation of CRTs, CRT
glass and electronic devices should be
considered within the scope of the
authorized California universal waste
program.
The Agency is also proposing to
correct the list of requirements that are
beyond the scope of the federal program
to clarify that non-RCRA wastes
included in the California universal
waste program are broader in scope than
the federal program. Thus, where wastes
may sometimes be federally regulated
(when, for example, they exhibit a
characteristic for hazardous waste) but
at other times are not federally regulated
(where they do not exhibit a
characteristic), California is authorized
for that part of its universal waste
program that covers the federallyregulated portion of the waste stream,
but not for that portion of the State
program that covers ‘‘non-RCRA
hazardous waste’’ (i.e., non-federally
regulated hazardous waste that
California regulates as hazardous waste).
For example, electronic waste (e-waste)
may sometimes constitute a RCRA
hazardous waste, but is always
considered a ‘‘non-RCRA hazardous
waste’’ under California law. EPA is
proposing to correct its authorization of
California’s universal waste program by
identifying the non-federally regulated
portion of such a universal waste stream
as broader in scope than the federal
program.
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Thus, EPA proposes to add the
following language to its analysis of the
parts of the California universal waste
program that are broader in scope than
the federal program:
Non-RCRA wastes. California regulates as
hazardous waste some wastes not regulated
by EPA under RCRA. These are referred to as
‘‘non-RCRA hazardous waste.’’ Any nonRCRA hazardous wastes that a state regulates
as a hazardous waste are generally
considered beyond the scope of the federal
program (broader-in-scope). To the extent
that California has included non-RCRA
hazardous wastes in the State’s universal
waste program, regulation of those non-RCRA
hazardous wastes as universal waste would
be broader in scope than the federal program.
I. How does this action affect Indian
country (18 U.S.C. 1151) in California?
California is not authorized to carry
out its hazardous waste program in
Indian country within the state.
Therefore, this action has no effect on
Indian country. EPA retains jurisdiction
over Indian country and will continue
to implement and administer the federal
RCRA program on these lands.
K. Statutory and Executive Order
Reviews
The Office of Management and Budget
(OMB) has exempted this action (RCRA
state authorization) from the
requirements of Executive Order 12866
(58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011).
Therefore, this action is not subject to
review by OMB. This action proposes
corrections to the authorization of state
requirements for the purpose of RCRA
3006 and imposes no additional
requirements beyond those imposed by
state law. Accordingly, 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 correction of the authorization
of pre-existing requirements under state
law and does not impose any additional
enforceable duty beyond that required
by state law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4). As
explained above, 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 proposed 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
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Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
corrects the Federal Register notice in
which EPA authorized 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
concern environmental health or safety
risks that EPA has reason to believe may
disproportionally affect children. This
proposed correction 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 do not apply.
See 15 U.S.C. 272 note, sec. 12(d)(3),
Public Law 104–113, 110 Stat. 783 (Mar.
7, 1996) (exempting compliance with
the NTTAA’s requirement to use VCS if
compliance is ‘‘inconsistent with
applicable law’’). As required by section
3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this
proposed correction to its 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 proposed
correction to 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
correction to the rule authorizing
California’s universal waste program
does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). Executive Order
12898 (59 FR 7629, February 16, 1994)
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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules
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 proposed correction to the
California universal waste authorization
rule authorizes pre-existing state rules
which are at least equivalent to, and no
less stringent than existing federal
requirements, and impose no additional
requirements beyond those imposed by
state law, and there are no anticipated
significant adverse human health or
environmental effects, the rule is not
subject to Executive Order 12898. The
Congressional Review Act, 5 U.S.C. 801
et seq., as added by the Small Business
Regulatory Enforcement Fairness Act of
1996, generally provides that before a
rule may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. The EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the final rule correction
in the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This proposed correction is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
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: February 26, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–04586 Filed 3–4–21; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
47 CFR Part 73
[WT Docket No. 19–250; RM–11849; Report
No. 3168; FRS 17410]
Petition for Reconsideration of Action
in Proceedings
Federal Communications
Commission.
AGENCY:
ACTION:
Petition for Reconsideration.
Petition for Reconsideration
(Petition) has been filed in the
Commission’s proceeding by Gerard
Lavery Lederer and Nancy L. Werner, on
behalf of Local Governments and
National Association of
Telecommunications Officers and
Advisors (‘‘NATOA’’).
SUMMARY:
Oppositions to the Petition must
be filed on or before March 22, 2021.
Replies to an opposition must be filed
on or before March 30, 2021.
DATES:
Federal Communications
Commission, 45 L Street NE,
Washington, DC 20554.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Georgios Leris, Competition and
Infrastructure Policy Division, Wireless
Telecommunications Bureau, (202) 418–
1994.
This is a
summary of the Commission’s
document, Report No. 3168, released
January 14, 2021. The full text of the
Petition can be accessed online via the
Commission’s Electronic Comment
Filing System at: https://apps.fcc.gov/
ecfs/. The Commission will not send a
Congressional Review Act (CRA)
submission to Congress or the
Government Accountability Office
pursuant to the CRA, 5 U.S.C.
801(a)(1)(A), because no rules are being
adopted by the Commission.
Subject: Implementation of State and
Local Governments’ Obligation to
Approve Certain Wireless Facility
Modification Requests Under Section
6409(a) of the Spectrum Act of 2012,
published 85 FR 78005, December 3,
2020, in WT Docket No. 19–250 and
RM–11849. This document is being
published pursuant to 47 CFR 1.429(e).
See also 47 CFR 1.4(b)(1) and 1.429(f),
(g).
Number of Petitions Filed: 1.
SUPPLEMENTARY INFORMATION:
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021–04398 Filed 3–4–21; 8:45 am]
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[MB Docket No. 21–57; RM–11882; DA 21–
166; FR ID 17526]
Television Broadcasting Services
Savannah, Georgia
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
The Video Division has before
it a petition for rulemaking filed
November 27, 2020 (Petition) by Gray
Television Licensee, LLC (Petitioner),
the licensee of WTOC–TV (CBS),
channel 11 (WTOC or Station),
Savannah, Georgia. The Petitioner
requests the substitution of channel 23
for channel 11 at Savannah, Georgia in
the DTV Table of Allotments.
In support of its channel substitution
request, the Petitioner states that the
Commission has recognized that VHF
channels have certain propagation
characteristics which may cause
reception issues for some viewers, and
also that the ‘‘reception of VHF signals
require larger antennas . . . relative to
UHF channels.’’ According to the
Petitioner, ‘‘many of its viewers
experience significant difficulty
receiving WTOC–TV’s signal’’ and its
channel substitution proposal will allow
WTOC ‘‘to deliver a more reliable overthe-air signal to viewers. The Petitioner
further states that its channel
substitution proposal will result in no
loss of service.
We believe that the Petitioner’s
channel substitution proposal warrants
consideration. Channel 23 can be
substituted for channel 11 at Savannah,
Georgia as proposed, in compliance
with the principal community coverage
requirements of section 73.625(a) of the
Commission’s rules at coordinates 32–
3–15.0 N and 81–21–0.0 W. In addition,
we find that this channel change meets
the technical requirements set forth in
sections 73.616 and 73.623 of the rules.
DATES: Comments must be filed on or
before April 5, 2021 and reply
comments on or before April 19, 2021.
ADDRESSES: Federal Communications
Commission, Office of the Secretary, 45
L Street NE, Washington, DC 20554. In
addition to filing comments with the
FCC, interested parties should serve
counsel for petitioner as follows: Joan
Stewart, Esq., Wiley Rein LLP, 1776
Street NW, Washington, DC 20006.
FOR FURTHER INFORMATION CONTACT:
Andrew Manley, Media Bureau, at (202)
418–0596 or Andrew.Manley@fcc.gov.
SUMMARY:
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Agencies
[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Proposed Rules]
[Pages 12895-12898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04586]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R09-RCRA-2019-0491; FRL-10019-33-Region 9]
California: Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) approved revisions
to California's federally authorized hazardous waste program by
publishing proposed and final rules in the Federal Register on October
18, 2019 and January 14, 2020, respectively. The notice for the
proposed rule inadvertently and unintentionally left out citations for
approving the State's authority to adopt additional waste streams as
universal wastes in the State Analogues to the Federal Program table.
In addition, the scope of the State program that is considered
``broader in scope'' than the federal program was mis-designated. We
are proposing to correct these and related errors. EPA seeks public
comment prior to taking final action.
DATES: Comments on this proposed correction must be received by April
5, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
RCRA-2019-0491, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (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: Laurie Amaro, EPA Region 9, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3364 or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
A. Why are corrections to the revised state program authorization
necessary?
States that have received final authorization from EPA under the
Resource Conservation and Recovery Act (RCRA) Sec. 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. EPA's Federal Register notices regarding
proposed and final authorization of revisions to state hazardous waste
management programs provide the public with an opportunity to comment
and also offer details with respect to the scope of the revised program
authorizations on which both the general public and the regulated
community may rely. Where these notices omit critical information or
fail to clearly delineate the scope of authorized program revisions,
corrections may be necessary and/or appropriate.
B. What corrections is EPA making to this rule?
After proposing updates to California's authorized hazardous waste
program on October 18, 2019 (80 FR 55871), EPA authorized changes to
California's hazardous waste program on January 14, 2020 (85 FR 2038).
EPA is now proposing to correct the updated authorization by clarifying
that: (1) California is authorized to add federally-regulated hazardous
waste streams to its universal waste program and the requirements that
California establishes to manage such added waste streams are federally
enforceable, whether they are added to California's universal waste
program prior to or after EPA's authorization of the State's universal
waste program; (2) State universal waste requirements that apply to
non-RCRA wastes designated by California as ``hazardous waste,'' also
known as ``non-RCRA hazardous waste,'' are beyond the scope of the
federal program and are not being authorized; and, similarly, (3) other
wastes that are sometimes federally-regulated hazardous waste and
sometimes non-RCRA hazardous waste under California law, are part of
the federally authorized program, but only insofar as these materials
constitute federally-regulated hazardous waste. If these corrections
are
[[Page 12896]]
finalized, these changes to the scope of California's authorized
universal hazardous waste program would become effective.
C. What happens if EPA receives comments that oppose this proposed
action?
EPA will consider all comments received during the comment period
and address them in a final rule. You may not have another opportunity
to comment. If you want to comment on the corrections proposed here,
you must do so at this time.
D. What has California previously been authorized for?
California initially received final authorization for the state
hazardous waste management program on July 23, 1992 (57 FR 32726),
effective August 1, 1992. EPA granted final authorization for changes
to California's program on the following dates: September 26, 2001 (66
FR 49118), effective September 26, 2001 and October 7, 2011 (76 FR
62303), effective October 7, 2011 and January 14, 2020 (85 FR 2038),
effective January 14, 2020.
E. What changes is EPA proposing to authorize with this action?
EPA proposes to correct and clarify the terms of the January 14,
2020 authorization of California's hazardous waste program with respect
to universal waste.
1. Proposed Changes to the State Analogues to the Federal Program Table
EPA is recreating in this proposal the State Analogues to the
Federal Program table that was published in the proposed authorization
update Federal Register notice at 84 FR 55872 (October 18, 2019). This
table is a helpful tool in tracking the elements of the authorized
State hazardous waste program.
As an initial matter, EPA is adding citations in the table to
reflect the Agency's proposed authorization of California's authority
to add waste streams to the State's universal waste program at Title 22
of the California Code of Regulations (CCR) 66260.22 and 66260.23, the
federal analogues of which are 40 CFR 260.20(a) and 260.23(a) through
(d), respectively. Authorization of these provisions--which were
inadvertently omitted from the proposed and final rules authorizing
California universal waste program--is critical to EPA's ability to
enforce State universal waste program requirements for federally-
regulated hazardous wastes that have already been or are added to
California's universal waste program in the future. If these proposed
corrections to authorize 22 CCR 66260.22 and 66260.23 are finalized,
EPA will be empowered to enforce California's universal waste
requirements for federally regulated hazardous waste that California
has already added or adds to its universal waste program pursuant to
these requirements in the future.
Similarly, EPA is adding a footnote to the updated State Analogues
to the Federal Program table to clarify the implications of the
authorization of the State's universal waste program on a waste stream
that the State already identified as a universal waste before the
universal waste authorization update was effective, i.e., aerosol cans.
This footnote clarifies that, while EPA has more recently taken action
to identify aerosol cans as universal waste (citing 84 FR 67202,
December 9, 2019, effective February 7, 2020), California's previous
reliance on 22 CCR 66260.22 and 66260.23 to add such wastes, which are
proposed to be authorized in accordance with this correction, would be
considered retroactive. Thus, if these corrections are approved,
California's universal waste requirements for aerosol cans would be
federally enforceable. The Agency believes that these State
requirements would have been included in California's universal waste
authorization update application, but for the fact that the federal
aerosol can universal waste rule was not in effect at the time of the
State's July 10, 2019 submittal of its application. Because the Agency
is correcting the recent authorization update and is now proposing
approval of California's analogous provisions for adding new universal
waste streams under 40 CFR 260.20 and 260.23, and because aerosol cans
were previously added to California's universal waste program in
accordance with its analogues to these provisions, the Agency maintains
that the clarifying footnote in this proposal is both helpful and
appropriate.
The corrections proposed in this rule, and described above, would
require modifications to the State Analogues to the Federal Program
table published on October 18, 2019 (80 FR 55871), as follows:
State Analogues to the Federal Program
------------------------------------------------------------------------
Analogous State
Authority
Description of Federal California Code of
requirement (checklist, if Federal Register Regulations (CCR)
applicable) date and page Title 22, Division
4.5 and Health and
Safety Code
------------------------------------------------------------------------
40 Code of Federal Regulations 60 FR 25492, May 22 CCR 66260.22,
(CFR) 260.20(a) and 260.23(a) 11, 1995. adopted 2003,
through (d) (Checklist 142 E). amended March 15,
2003.
22 CCR 66260.23,
adopted 2003,
amended February
4, 2009.
40 (CFR) part 273, subparts A 60 FR 25492, May 22 CCR 66273,
through G--Standards for 11, 1995. October 22, 2018.
Universal Waste \a\. 63 FR 71225, Health & Safety
Excluding 273.33(a)(3)(iii) and December 24, 1998. Code 25201.16,
273.33 (b)(1) through (4) 64 FR 36466, July October 3, 2001.
(Checklists 142 A, B, D, E, 6, 1999.
176, 181, 209, 215) \b\. 70 FR 45508, Aug.
5, 2005.
71 FR 40254, July
14, 2006 \c\.
------------------------------------------------------------------------
\a\ Because several definitions in the state universal waste regulations
do not have federal counterparts, the state cited additional federal
regulations at 40 CFR 260.1, 260.10, 261.4, 262.81, 264.142 and 270.2
in support of its application for authorization of the State's
universal waste program.
\b\ Although Checklist 214 is mentioned in the State Attorney General's
Statement, EPA is not including it here because the typographical and
spelling corrections made in this checklist are not relevant to the
State's regulatory language.
\c\ Adding Aerosol Cans to Universal Waste (84 FR 67202, December 9,
2019, effective February 7, 2020) is not included here because it was
not in effect at the time of the State's application. In addition, we
are approving the State's analogous provisions for adding waste
streams under 40 CFR 260.20 and 260.23, thus the state may add
additional waste streams that meet the conditions outlined in 40 CFR
273.81. As a result, California's inclusion of aerosol cans in its
universal waste program is also proposed to be authorized. Unlike the
authorization of most of RCRA hazardous waste management requirements,
the authorization of 22 CCR 66260.22(a) and 66260.23(a) through (d)
means that any federally regulated hazardous waste added to
California's universal waste program pursuant to these requirements
are automatically authorized, regardless of when California adds them.
[[Page 12897]]
2. Proposed Changes to the List of State Provisions Deemed ``Broader in
Scope''
This notice also proposes to correct that part of EPA's California
universal waste authorization update that mistakenly identified
California's regulation of aerosol cans and other California-listed
universal wastes as broader in scope than the federal program. EPA
proposes to revise the list of California requirements beyond the scope
of the federal program by deleting the following paragraph from the
list of State requirements that are broader in scope than the federal
program (section G from the October 18, 2019 proposal):
California-only universal wastes. California has added the
following non-RCRA waste streams to its universal waste program:
Aerosol cans, cathode ray tubes (CRTs), CRT glass and electronic
devices.
The inclusion of this language in this section of the 2019 proposal
was an inadvertent error. These materials were all previously
identified by California as universal hazardous waste in accordance
with 22 CCR 66260.22 and 66260.23 and, except for aerosol cans, were
all included in California's authorization update application. As a
result, similar to aerosol cans, California's regulation of CRTs, CRT
glass and electronic devices should be considered within the scope of
the authorized California universal waste program.
The Agency is also proposing to correct the list of requirements
that are beyond the scope of the federal program to clarify that non-
RCRA wastes included in the California universal waste program are
broader in scope than the federal program. Thus, where wastes may
sometimes be federally regulated (when, for example, they exhibit a
characteristic for hazardous waste) but at other times are not
federally regulated (where they do not exhibit a characteristic),
California is authorized for that part of its universal waste program
that covers the federally-regulated portion of the waste stream, but
not for that portion of the State program that covers ``non-RCRA
hazardous waste'' (i.e., non-federally regulated hazardous waste that
California regulates as hazardous waste). For example, electronic waste
(e-waste) may sometimes constitute a RCRA hazardous waste, but is
always considered a ``non-RCRA hazardous waste'' under California law.
EPA is proposing to correct its authorization of California's universal
waste program by identifying the non-federally regulated portion of
such a universal waste stream as broader in scope than the federal
program.
Thus, EPA proposes to add the following language to its analysis of
the parts of the California universal waste program that are broader in
scope than the federal program:
Non-RCRA wastes. California regulates as hazardous waste some
wastes not regulated by EPA under RCRA. These are referred to as
``non-RCRA hazardous waste.'' Any non-RCRA hazardous wastes that a
state regulates as a hazardous waste are generally considered beyond
the scope of the federal program (broader-in-scope). To the extent
that California has included non-RCRA hazardous wastes in the
State's universal waste program, regulation of those non-RCRA
hazardous wastes as universal waste would be broader in scope than
the federal program.
I. How does this action affect Indian country (18 U.S.C. 1151) in
California?
California is not authorized to carry out its hazardous waste
program in Indian country within the state. Therefore, this action has
no effect on Indian country. EPA retains jurisdiction over Indian
country and will continue to implement and administer the federal RCRA
program on these lands.
K. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
(RCRA state authorization) from the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011). Therefore, this action is not subject to review by OMB. This
action proposes corrections to the authorization of state requirements
for the purpose of RCRA 3006 and imposes no additional requirements
beyond those imposed by state law. Accordingly, 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 correction of the authorization of pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4). As explained above, 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 proposed 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 corrects the Federal Register notice in which EPA authorized
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 concern
environmental health or safety risks that EPA has reason to believe may
disproportionally affect children. This proposed correction 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 do not apply. See 15 U.S.C. 272 note, sec.
12(d)(3), Public Law 104-113, 110 Stat. 783 (Mar. 7, 1996) (exempting
compliance with the NTTAA's requirement to use VCS if compliance is
``inconsistent with applicable law''). As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
proposed correction to its 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 proposed correction
to 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 correction to
the rule authorizing California's universal waste program does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Executive
Order 12898 (59 FR 7629, February 16, 1994)
[[Page 12898]]
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 proposed correction to the California universal waste
authorization rule authorizes pre-existing state rules which are at
least equivalent to, and no less stringent than existing federal
requirements, and impose no additional requirements beyond those
imposed by state law, and there are no anticipated significant adverse
human health or environmental effects, the rule is not subject to
Executive Order 12898. The Congressional Review Act, 5 U.S.C. 801 et
seq., as added by the Small Business Regulatory Enforcement Fairness
Act of 1996, generally provides that before a rule may take effect, the
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. The EPA will submit a report
containing this document and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the final rule correction
in the Federal Register. A major rule cannot take effect until 60 days
after it is published in the Federal Register. This proposed correction
is not a ``major rule'' as defined by 5 U.S.C. 804(2).
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: February 26, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-04586 Filed 3-4-21; 8:45 am]
BILLING CODE 6560-50-P