Arizona: Final Authorization of State Hazardous Waste Management Program Revisions, 53558-53562 [2021-19986]
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53558
Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0385, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Acting Director,
Registration Division (7505P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
telephone number: (703) 305–7090;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Does this action apply to me?
The Agency included in the April 19,
2021 final rule a list of those who may
be potentially affected by this action.
II. What does this technical correction
do?
EPA issued a final rule in the Federal
Register of April 19, 2021 (86 FR 20290)
(FRL–10018–60) that established
tolerances for residues of the insecticide
metaflumizone in or on multiple
commodities. While establishing
tolerances in response to a petition
requesting these tolerances, EPA
included erroneous language in its
instructions to the Federal Register, by
directing the removal of the existing
tolerance established in § 180.657 for
‘‘Fruit, stone, group 12–12’’. Instead of
instructing the Federal Register to
Remove the entries for ‘‘Fruit, citrus,
group 10–10’’; ‘‘Fruit, pome, group 11–
10’’; and ‘‘Fruit, stone, group 12–12’’ the
instructions should have only directed
the removal of entries for ‘‘Fruit, citrus,
group 10–10’’ and ‘‘Fruit, pome, group
11–10’’. EPA’s instructions to remove
the tolerances for ‘‘Fruit, stone, group
12–12’’ were not consistent with its
authority under FFDCA section
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408(d)(4)(A). Therefore, EPA is
rescinding its instruction to remove
‘‘Fruit, stone, group 12–12’’ and
reinstating the tolerance level at 0.04
parts per million.
III. Why is this correction issued as a
final rule?
Section 553 of the Administrative
Procedure Act (APA) (5 U.S.C.
553(b)(3)(B)) provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary, or contrary to the public
interest, the agency may issue a final
rule without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making this technical correction
final without prior proposal and
opportunity for comment, because EPA
inadvertently deleted the existing
tolerance established for ‘‘Fruit, stone,
group 12–12’’. EPA finds that this
constitutes good cause under 5 U.S.C.
553(b)(3)(B).
IV. Do any of the statutory and
executive order reviews apply to this
action?
No. For a detailed discussion
concerning the statutory and Executive
order review, refer to Unit VI. of the
April 19, 2021 final rule.
V. Congressional review act
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: September 14, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, for the reasons stated in the
preamble, EPA is correcting 40 CFR part
180 as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
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§ 180.657 Metaflumizone; tolerances for
residues.
(a) * * *
(1) * * *
TABLE 1 TO PARAGRAPH (a)(1)
Parts per
million
Commodity
*
*
*
Fruit, stone, group 12–12 .....
*
*
*
*
*
*
*
*
*
0.04
*
*
*
[FR Doc. 2021–20357 Filed 9–27–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R09–RCRA–2021–0431; FRL–8828–
02–R9]
Arizona: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Final action/decision/
authorization.
AGENCY:
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule 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 rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
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2. In § 180.657, amend the table in
paragraph (a)(1) by adding in
alphabetical order the entry ‘‘Fruit,
stone, group 12–12’’ to read as follows:
■
The Environmental Protection
Agency (EPA) is taking direct final
action on the authorization of Arizona’s
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). These changes
were outlined in an application to the
EPA and correspond to certain Federal
rules promulgated between July 1, 2007,
and June 30, 2020. We have determined
that these changes satisfy all
requirements needed for final
authorization.
DATES: This authorization is effective on
November 29, 2021 without further
notice, unless the EPA receives adverse
comment by October 28, 2021. If the
EPA receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the authorization will not take
effect.
ADDRESSES: All documents in the docket
are listed in the www.regulations.gov
index. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy. You may also view
SUMMARY:
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Arizona’s application by contacting the
Arizona Department of Environmental
Quality Records Center at 602–771–
4380, Monday through Friday, 8:30 a.m.
to 4:30 p.m.
Instructions: Submit your comments
to EPA, identified by Docket ID No.
EPA–R09–RCRA–2021–0047, 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). The https://
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 https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment. 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 FURTHER INFORMATION CONTACT:
Sorcha Vaughan, Vaughan.Sorcha@
epa.gov, 415–947–4217.
SUPPLEMENTARY INFORMATION:
A. Why is the EPA using a direct final
authorization?
The EPA is publishing this
authorization without a prior proposal
because we view this as a
noncontroversial action and anticipate
no adverse comment. This action is a
routine program change. However, in
the ‘‘Proposed Rules’’ section of this
Federal Register, we are publishing a
separate document that will serve as the
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proposed rulemaking allowing the
public an opportunity to comment. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For further information about
commenting on this authorization, see
the ADDRESSES section of this document.
If the EPA receives adverse comment,
we will publish a timely withdrawal in
the Federal Register informing the
public that this direct final
authorization will not take effect. We
will address all public comments in a
subsequent final authorization and base
any further decision on the
authorization of the state program
changes after considering all comments
received during the comment period.
B. Why are revisions to state programs
necessary?
States that have received final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, states must change their
programs and ask the EPA to authorize
the changes. Changes to state programs
may be necessary when Federal or state
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, states must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273, and 279.
New Federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA)
take effect in authorized states at the
same time they take effect in
unauthorized states. Thus, the EPA will
implement those requirements and
prohibitions in Arizona, including the
issuance of new permits implementing
those requirements, until the State is
granted authorization to do so.
C. What decisions has the EPA made in
this authorization?
Arizona submitted a complete
program revision application dated June
7, 2021, seeking authorization of
changes to its hazardous waste program
corresponding to certain Federal rules
promulgated between July 1, 2007 and
June 30, 2020. The EPA concludes that
Arizona’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,
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53559
the EPA proposes to grant Arizona 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.
Arizona has responsibility for
permitting treatment, storage, and
disposal facilities within its borders
(except in Indian country) and for
carrying out the aspects of the RCRA
program described in its program
revision application, subject to the
limitations of HSWA, as discussed
above.
D. What is the effect of this
authorization decision?
The effect of this decision is that the
changes described in Arizona’s
authorization application will become
part of the authorized State hazardous
waste program and will therefore be
federally enforceable. Arizona will
continue to have primary enforcement
authority and responsibility for its State
hazardous waste program. The EPA will
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 does not impose
additional requirements on the
regulated community because the
regulations for which the EPA is
authorizing Arizona are already
effective under State law and are not
changed by this action.
E. What has Arizona previously been
authorized for?
Arizona initially received final
authorization on November 20, 1985, to
implement its base hazardous waste
management program. Arizona received
authorization for revisions to its
program on August 6, 1991 (56 FR
37290 effective October 7, 1991), July
13, 1992 (57 FR 30905 effective
September 11, 1992), November 23,
1992 (57 FR 54932 effective January 22,
1993), October 27, 1993 (58 FR 57745
effective December 27, 1993), July 18,
1995 (60 FR 36731 effective June 12,
1995), March 7, 1997 (62 FR 10464
effective May 6, 1997), October 28, 1998
(63 FR 57605–57608 effective December
28, 1998), March 17, 2004 (69 FR 12544
effective March 17, 2004, originally
published on October 27, 2000 (65 FR
64369)), and December 20, 2017 (82 FR
60550 effective January 20, 2018).
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F. What changes is the EPA authorizing
with this action?
Arizona submitted a final complete
program revision application to EPA
dated June 7, 2021, seeking
authorization of changes to its
hazardous waste program that
correspond to certain Federal rules
Federal Register
volume, page and
date
Description of Federal requirement and
checklist No.
NESHAP: Final Standards for Hazardous
Waste Combustors (Phase I Final Replacement Standards and Phase II) Amendments
(217).
F019 Exemption for Wastewater Treatment
Sludges from Auto Manufacturing Zinc
Phosphating Processes.
Revisions to DSW Rule (219) ..........................
Academic Laboratories Generator Standards
(220).
OECD Requirements; Export Shipments of
Spent Lead-Acid Batteries (222).
Technical Corrections/Clarifications (223) .......
Removal of Saccharin and its Salts from the
list of HW (225).
Academic Laboratories Generator Standards
Technical Corrections (226).
Revisions to Treatment Standards of Carbamate Wastes (227).
Technical Correction/Clarification (228) ...........
Conditional Exclusions for Solvent Contaminated Wipes (229).
Conditional Exclusion for Carbon Dioxide
(CO2) Streams in Geologic Sequestration
Activities (230).
Hazardous Waste Electronic Manifest System
(231).
Revisions to Export Provisions of the Cathode
Ray Tube (CRT) Rule (232).
Revision to DSW Rule–Non-waste determinations and variances (233).
Vacatur of Comparable Fuels and Gasification
(234).
Disposal of Coal Combustion Residuals from
Electric Utilities (235).
Imports and Exports of Hazardous Waste
(236).
Generator Improvements Rule (237) ...............
Confidentiality Determinations for Hazardous
Waste Export and Import Documents (238).
Hazardous Waste Electronic Manifest System
User Fee (239).
Safe Management of Recalled Airbags (240) ..
Management Standards for Hazardous Waste
Pharmaceuticals and Amendment to the
P075 Listing for Nicotine (241).
Universal Waste Regulations: Addition of Aerosol Cans (242).
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promulgated between July 1, 2007 and
June 30, 2020 (Checklists 217–220, 222,
223, 225–242). EPA proposes to
determine, subject to receipt of written
comments that oppose this action, that
Arizona’s hazardous waste program
revisions are equivalent to, consistent
with, and no less stringent than the
Federal program, and therefore satisfy
all the requirements necessary to qualify
for authorization. Arizona adopts by
reference the Federal RCRA regulations
in effect as of June 30, 2020, at Arizona
Administrative Code Title 18, Chapter 8,
Article 2 (A.A.C R18–8–260 through
280, effective as of December 31, 2020).
Arizona Administrative
Register (A.A.R) and
effective date
Arizona Administrative Code (A.A.C)
implementing rule sections
73 FR 18970 (4/8/
2008).
21 A.A.R 1246 (9/05/
2015).
R18–8–264 (A), R18–8–266 (A).
73 FR 31756 (6/04/
2008).
21 A.A.R 1246 (9/05/
2015).
R18–8–261 (A).
73 FR 64668–64788
(10/30/2008).
73 FR 72912 (12/01/
2008).
75 FR 1236–1262 (1/
8/2010).
75 FR 12989–13009
(3/18/2010), 75 FR
31716–31717 (6/4/
2010).
75 FR 78918–78926
(12/17/2010).
75 FR 79304 (12/20/
2010).
76 FR 34147–34157
(6/13/2011).
77 FR 22229–22232
(4/13/2012).
78 FR 46448–46485
(7/31/2013).
79 FR 350 (1/03/2014)
26 A.A.R
2020).
21 A.A.R
2015).
21 A.A.R
2015).
21 A.A.R
2015).
2949 (11/03/
R18–8–260 (C), R18–8–261 (A), R18–8–270
(A).
R18–8–262 (A).
21 A.A.R
2015).
21 A.A.R
2015).
21 A.A.R
2015).
21 A.A.R
2015).
21 A.A.R
2015).
25 A.A.R
2019).
1246 (9/05/
R 18–8–262 (A), R18–8–263 (A), R18–8–264
(A), R18–8–264 (A), R18–8–266 (A).
R18–8–260 (C), R18–8–262 (A), R18–8–262
(A), R18–8–263(A), R18–8–264 (A), R18–
8–265 (A), R18–8–266 (A), R18–8–268,
R18–8–270 (A).
R18–8–261(A), R18–8–268.
1246 (9/05/
R18–8–261 (A), R18–8–262 (A).
1246 (9/05/
R18–8–268.
1246 (9/05/
R18–8–261 (A), R18–8–266 (A).
1246 (9/05/
R18–8–260 (A), R18–8–261 (A).
435 (2/05/
R18–8–260 (C), R18–8–261 (A).
79 FR 7518–7563 (2/
7/2014).
79 FR 36220–36231
(6/26/2014).
80 FR 1694–1814 (1/
13/2015).
80 FR 18777–18780
(4/8/2015).
80 FR 21302 (4/17/
2015).
81 FR 85696–85729
(11/28/2016), 82 FR
41015–41016 (8/29/
2017).
81 FR 85732–85829
(11/28/2016).
82 FR 60894–60901
(12/26/2017).
83 FR 420–462 (1/3/
2018).
83 FR 61552 (11/30/
2018).
84 FR 5816 (2/22/
2019).
25 A.A.R
2019).
25 A.A.R
2019).
26 A.A.R
2020).
25 A.A.R
2019).
25 A.A.R
2019).
25 A.A.R
2019).
435 (2/05/
R18–8–260 (C), R18–8–262 (A), R18–8–263
(A), R18–8–264 (A), R18–8–265 (A).
R18–8–260 (C), R18–8–261 (A).
25 A.A.R
2019).
25 A.A.R
2019).
25 A.A.R
2019).
26 A.A.R
2020).
26 A.A.R
2020).
84 FR 67202 (12/09/
2019).
26 A.A.R 2949 (11/03/
2020).
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1246 (9/05/
1246 (9/05/
1246 (9/05/
435 (2/05/
2949 (11/03/
435 (2/05/
R18–8–260 (C), R18–8–261 (A), R18–8–270
(A).
R18–8–260 (C), R18–8–261 (A).
435 (2/05/
R18–8–261 (A).
435 (2/05/
R18–8–260 (C), R18–8–261 (A), R18–8–262
(A), R18–8–263 (A), R18–8–264 (A), R18–
8–265 (A), R18–8–266 (A), R18–8–273
435 (2/05/
R18–8–260 (C), R18–8–265 (A), R18–8–268,
R18–8–270(A), R18–8–273.
R18–8–260 (C), R18–8–261 (A), R18–8–262
(A).
R18–8–260 (C), R18–8–262 (A), R18–8–263
(A), R18–8–264 (A), R18–8–265 (A).
R18–8–260 (C), R18–8–261 (A), R18–8–262
(A).
R18–8–260 (C), R18–8–261(A), R18–8–262
(A), R18–8–263 (A), R18–8–264 (A), R18–
8–265 (A), R18–8–266(A), R18–8–286,
R18–8–270 (A), R18–8–273.
R18–8–260 (C), R18–8–261 (A), R18–8–264
(A), R18–8–265 (A), R18–8–268, R18–8–
270 (A), R18–8–273.
435 (2/05/
435 (2/05/
2949 (11/03/
2949 (11/03/
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G. Where are the revised state rules
different than the Federal rules?
More Stringent: When revised state
rules differ from the Federal rules in the
RCRA state authorization process, the
EPA determines whether the state rules
are equivalent to, more stringent than,
or broader in scope than the Federal
program. Pursuant to RCRA section
3009, 42 U.S.C. 6929, state programs
may contain requirements that are more
stringent than the Federal regulations.
Such more stringent requirements can
be federally authorized and, once
authorized, become federally
enforceable. Although the statute does
not prevent states from adopting
regulations that are broader in scope
than the Federal program, states cannot
receive Federal authorization for such
regulations, and they are not federally
enforceable.
Since 1984, Arizona’s hazardous
waste rules have contained several
procedural requirements that are more
stringent than EPA’s. These more
stringent procedural requirements are
authorized by Arizona Revised Statutes
(ARS) section 49–922, which in
directing Arizona to adopt hazardous
waste rules, prohibits only
nonprocedural standards that are more
stringent than EPA’s. There are no State
requirements in the program revisions
listed in the table above that are
considered to be more stringent or
broader in scope than the Federal
requirements.
Removed Rules: On March 1, 2019,
Arizona updated its hazardous waste
program rules and removed the
following procedural requirements that
were more stringent than the EPA’s
Rules:
• Annual Reports: Arizona eliminated
the requirement that Large Quantity
Generators, Transfer, Storage and
Disposal (TSD) Facilities, and Recyclers
submit annual reports [previously in
AAC R18–8–260(E)(3); R18–8–262(H),
R18–8–264(I) and R18–8–265(I), ACC
R18–8–261(J)].
• Hazardous Waste Manifest: Arizona
no longer requires hazardous waste
generators, transporters and TSD
Facilities to provide a copy of all
hazardous waste manifests to Arizona’s
Department of Environmental Quality
monthly [previously in AAC R18–8–
262(I) and (J); R18–8–263(C), R18–8–
264(J) and R18–8–265(J)].
Nondelegable Rules: The EPA cannot
authorize states to implement certain
Federal requirements associated with
the Revisions to the Export Provisions of
the Cathode Ray Tube (CRT) Rule
(Checklist 232), Confidentiality
Determinations for Hazardous Waste
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Export and Import Documents Rule
(Checklist 238), and the Hazardous
Waste Electronic Manifest User Fee Rule
(Checklist 239). Arizona has adopted
these requirements and appropriately
preserved the EPA’s authority to
implement them.
Other than the differences discussed
above, Arizona incorporates by
reference the remaining Federal rules
listed in section F, so there are no
significant differences between the
remaining Federal rules and the revised
State rules being authorized in this
action.
H. Who handles permits after the
authorization takes effect?
When final authorization takes effect,
Arizona will issue permits for all the
provisions for which it is authorized
and will administer the permits it
issues. The EPA will continue to
administer any RCRA hazardous waste
permits or portions of permits that the
EPA issued prior to the effective date of
authorization until they expire or are
terminated. The 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 final
authorization. The EPA will continue to
implement HSWA requirements for
which Arizona is not yet authorized.
The EPA has the authority to enforce
state-issued permits after the state is
authorized.
I. How does this action affect Indian
country (18 U.S.C. 1151) in Arizona?
Arizona is not authorized to carry out
the hazardous waste program in 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 is the EPA
codifying Arizona’s hazardous waste
program as authorized in this
authorization?
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. The EPA does this by
adding those citations and references to
the authorized state rules in 40 CFR part
272. The EPA is not codifying the
authorization of Arizona’s revisions at
this time. However, the EPA reserves
the ability to amend 40 CFR part 272,
subpart L, for the authorization of
Arizona’s program changes at a later
date.
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53561
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 authorizes 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. 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 authorizes
pre-existing requirements under state
law and does not impose any additional
enforceable duty beyond that required
by state law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (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
authorizes state requirements as part of
a 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), 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
E:\FR\FM\28SER1.SGM
28SER1
53562
Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this authorization, 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
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), as amended by
Executive Order 14008 (86 FR 7619,
February 1, 2021), 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 authorizes preexisting 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 authorization 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
VerDate Sep<11>2014
15:51 Sep 27, 2021
Jkt 253001
Comptroller General of the United
States prior to publication in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2).
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: September 1, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–19986 Filed 9–27–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 75
RIN 0991–AC16
Health and Human Services Grants
Regulation
Assistant Secretary for
Financial Resources (ASFR), Health and
Human Services (HHS or the
Department).
ACTION: Notification; postponement of
effectiveness.
AGENCY:
The U.S. District Court for the
District of Columbia in Facing Foster
Care et al. v. HHS, 21–cv–00308 (D.D.C.
Feb. 2, 2021), has postponed the
effective date of portions of the final
rule making amendments to the
Uniform Administrative Requirements,
promulgated on January 12, 2021.
DATES: Pursuant to court order, the
effectiveness of the final rule published
January 12, 2021, at 86 FR 2257, is
postponed until November 9, 2021. See
SUPPLEMENTARY INFORMATION for details.
FOR FURTHER INFORMATION CONTACT:
Johanna Nestor at Johanna.Nestor@
hhs.gov or 202–205–5904.
SUPPLEMENTARY INFORMATION: On
January 12, 2021, the Department issued
amendments to and repromulgated
portions of the Uniform Administrative
Requirements, 45 CFR part 75 (86 FR
2257). That rule repromulgated
provisions of part 75 that were
originally published late in 2016. It also
made amendments to 45 CFR 75.300(c)
and (d).
Specifically, the rule amended
paragraph (c), which had stated, ‘‘It is a
SUMMARY:
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
public policy requirement of HHS that
no person otherwise eligible will be
excluded from participation in, denied
the benefits of, or subjected to
discrimination in the administration of
HHS programs and services based on
non-merit factors such as age, disability,
sex, race, color, national origin, religion,
gender identity, or sexual orientation.
Recipients must comply with this
public policy requirement in the
administration of programs supported
by HHS awards.’’ The rule amended
paragraph (c) to state, ‘‘It is a public
policy requirement of HHS that no
person otherwise eligible will be
excluded from participation in, denied
the benefits of, or subjected to
discrimination in the administration of
HHS programs and services, to the
extent doing so is prohibited by federal
statute.’’
Additionally, the rule amended
paragraph (d), which had stated, ‘‘In
accordance with the Supreme Court
decisions in United States v. Windsor
and in Obergefell v. Hodges, all
recipients must treat as valid the
marriages of same-sex couples. This
does not apply to registered domestic
partnerships, civil unions or similar
formal relationships recognized under
state law as something other than a
marriage.’’ The rule amended paragraph
(d) to state, ‘‘HHS will follow all
applicable Supreme Court decisions in
administering its award programs.’’
On February 2, the portions of
rulemaking amendments to § 75.300
(and a conforming amendment at
§ 75.101(f)) were challenged in the U.S.
District Court for the District of
Columbia. Facing Foster Care et al. v.
HHS, 21–cv–00308 (D.D.C. filed Feb. 2,
2021). On February 9, the court
postponed, pursuant to 5 U.S.C. 705, the
effective date of the challenged portions
of the rule by 180 days, until August 11,
2021.1 On August 5, the court further
postponed the effective date of the rule
until November 9, 2021.2 The
Department is issuing this document to
apprise the public of the court’s order.
Xavier Becerra,
Secretary.
[FR Doc. 2021–20753 Filed 9–27–21; 8:45 am]
BILLING CODE 4151–19–P
1 See Order, Facing Foster Care et al. v. HHS, No.
21–cv–00308 (D.D.C. Feb. 2, 2021) (order
postponing effective date), ECF No. 18.
2 See Order, Facing Foster Care et al. v. HHS, No.
21–cv–00308 (D.D.C. Aug. 5, 2021) (order
postponing effective date), ECF No. 23.
E:\FR\FM\28SER1.SGM
28SER1
]]>Agencies
[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Pages 53558-53562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19986]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R09-RCRA-2021-0431; FRL-8828-02-R9]
Arizona: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action/decision/authorization.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action on the authorization of Arizona's changes to its hazardous
waste program under the Resource Conservation and Recovery Act (RCRA).
These changes were outlined in an application to the EPA and correspond
to certain Federal rules promulgated between July 1, 2007, and June 30,
2020. We have determined that these changes satisfy all requirements
needed for final authorization.
DATES: This authorization is effective on November 29, 2021 without
further notice, unless the EPA receives adverse comment by October 28,
2021. If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that the
authorization will not take effect.
ADDRESSES: All documents in the docket are listed in the
www.regulations.gov index. Publicly available docket materials are
available either electronically in www.regulations.gov or in hard copy.
You may also view
[[Page 53559]]
Arizona's application by contacting the Arizona Department of
Environmental Quality Records Center at 602-771-4380, Monday through
Friday, 8:30 a.m. to 4:30 p.m.
Instructions: Submit your comments to EPA, identified by Docket ID
No. EPA-R09-RCRA-2021-0047, 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). The https://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 https://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment. 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 FURTHER INFORMATION CONTACT: Sorcha Vaughan,
[email protected], 415-947-4217.
SUPPLEMENTARY INFORMATION:
A. Why is the EPA using a direct final authorization?
The EPA is publishing this authorization without a prior proposal
because we view this as a noncontroversial action and anticipate no
adverse comment. This action is a routine program change. However, in
the ``Proposed Rules'' section of this Federal Register, we are
publishing a separate document that will serve as the proposed
rulemaking allowing the public an opportunity to comment. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this authorization, see the ADDRESSES
section of this document.
If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final authorization will not take effect. We will address all
public comments in a subsequent final authorization and base any
further decision on the authorization of the state program changes
after considering all comments received during the comment period.
B. Why are revisions to state programs necessary?
States that have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
states must change their programs and ask the EPA to authorize the
changes. Changes to state programs may be necessary when Federal or
state statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states
at the same time they take effect in unauthorized states. Thus, the EPA
will implement those requirements and prohibitions in Arizona,
including the issuance of new permits implementing those requirements,
until the State is granted authorization to do so.
C. What decisions has the EPA made in this authorization?
Arizona submitted a complete program revision application dated
June 7, 2021, seeking authorization of changes to its hazardous waste
program corresponding to certain Federal rules promulgated between July
1, 2007 and June 30, 2020. The EPA concludes that Arizona'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, the
EPA proposes to grant Arizona 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.
Arizona has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian country) and
for carrying out the aspects of the RCRA program described in its
program revision application, subject to the limitations of HSWA, as
discussed above.
D. What is the effect of this authorization decision?
The effect of this decision is that the changes described in
Arizona's authorization application will become part of the authorized
State hazardous waste program and will therefore be federally
enforceable. Arizona will continue to have primary enforcement
authority and responsibility for its State hazardous waste program. The
EPA will 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 does not impose additional requirements on the
regulated community because the regulations for which the EPA is
authorizing Arizona are already effective under State law and are not
changed by this action.
E. What has Arizona previously been authorized for?
Arizona initially received final authorization on November 20,
1985, to implement its base hazardous waste management program. Arizona
received authorization for revisions to its program on August 6, 1991
(56 FR 37290 effective October 7, 1991), July 13, 1992 (57 FR 30905
effective September 11, 1992), November 23, 1992 (57 FR 54932 effective
January 22, 1993), October 27, 1993 (58 FR 57745 effective December 27,
1993), July 18, 1995 (60 FR 36731 effective June 12, 1995), March 7,
1997 (62 FR 10464 effective May 6, 1997), October 28, 1998 (63 FR
57605-57608 effective December 28, 1998), March 17, 2004 (69 FR 12544
effective March 17, 2004, originally published on October 27, 2000 (65
FR 64369)), and December 20, 2017 (82 FR 60550 effective January 20,
2018).
[[Page 53560]]
F. What changes is the EPA authorizing with this action?
Arizona submitted a final complete program revision application to
EPA dated June 7, 2021, seeking authorization of changes to its
hazardous waste program that correspond to certain Federal rules
promulgated between July 1, 2007 and June 30, 2020 (Checklists 217-220,
222, 223, 225-242). EPA proposes to determine, subject to receipt of
written comments that oppose this action, that Arizona's hazardous
waste program revisions are equivalent to, consistent with, and no less
stringent than the Federal program, and therefore satisfy all the
requirements necessary to qualify for authorization. Arizona adopts by
reference the Federal RCRA regulations in effect as of June 30, 2020,
at Arizona Administrative Code Title 18, Chapter 8, Article 2 (A.A.C
R18-8-260 through 280, effective as of December 31, 2020).
----------------------------------------------------------------------------------------------------------------
Arizona Administrative Arizona Administrative Code
Description of Federal requirement Federal Register Register (A.A.R) and (A.A.C) implementing rule
and checklist No. volume, page and date effective date sections
----------------------------------------------------------------------------------------------------------------
NESHAP: Final Standards for 73 FR 18970 (4/8/2008) 21 A.A.R 1246 (9/05/ R18-8-264 (A), R18-8-266
Hazardous Waste Combustors (Phase 2015). (A).
I Final Replacement Standards and
Phase II) Amendments (217).
F019 Exemption for Wastewater 73 FR 31756 (6/04/ 21 A.A.R 1246 (9/05/ R18-8-261 (A).
Treatment Sludges from Auto 2008). 2015).
Manufacturing Zinc Phosphating
Processes.
Revisions to DSW Rule (219)........ 73 FR 64668-64788 (10/ 26 A.A.R 2949 (11/03/ R18-8-260 (C), R18-8-261
30/2008). 2020). (A), R18-8-270 (A).
Academic Laboratories Generator 73 FR 72912 (12/01/ 21 A.A.R 1246 (9/05/ R18-8-262 (A).
Standards (220). 2008). 2015).
OECD Requirements; Export Shipments 75 FR 1236-1262 (1/8/ 21 A.A.R 1246 (9/05/ R 18-8-262 (A), R18-8-263
of Spent Lead-Acid Batteries (222). 2010). 2015). (A), R18-8-264 (A), R18-8-
264 (A), R18-8-266 (A).
Technical Corrections/ 75 FR 12989-13009 (3/ 21 A.A.R 1246 (9/05/ R18-8-260 (C), R18-8-262
Clarifications (223). 18/2010), 75 FR 31716- 2015). (A), R18-8-262 (A), R18-8-
31717 (6/4/2010). 263(A), R18-8-264 (A), R18-
8-265 (A), R18-8-266 (A),
R18-8-268, R18-8-270 (A).
Removal of Saccharin and its Salts 75 FR 78918-78926 (12/ 21 A.A.R 1246 (9/05/ R18-8-261(A), R18-8-268.
from the list of HW (225). 17/2010). 2015).
Academic Laboratories Generator 75 FR 79304 (12/20/ 21 A.A.R 1246 (9/05/ R18-8-261 (A), R18-8-262
Standards Technical Corrections 2010). 2015). (A).
(226).
Revisions to Treatment Standards of 76 FR 34147-34157 (6/ 21 A.A.R 1246 (9/05/ R18-8-268.
Carbamate Wastes (227). 13/2011). 2015).
Technical Correction/Clarification 77 FR 22229-22232 (4/ 21 A.A.R 1246 (9/05/ R18-8-261 (A), R18-8-266
(228). 13/2012). 2015). (A).
Conditional Exclusions for Solvent 78 FR 46448-46485 (7/ 21 A.A.R 1246 (9/05/ R18-8-260 (A), R18-8-261
Contaminated Wipes (229). 31/2013). 2015). (A).
Conditional Exclusion for Carbon 79 FR 350 (1/03/2014). 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-261
Dioxide (CO2) Streams in Geologic 2019). (A).
Sequestration Activities (230).
Hazardous Waste Electronic Manifest 79 FR 7518-7563 (2/7/ 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-262
System (231). 2014). 2019). (A), R18-8-263 (A), R18-8-
264 (A), R18-8-265 (A).
Revisions to Export Provisions of 79 FR 36220-36231 (6/ 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-261
the Cathode Ray Tube (CRT) Rule 26/2014). 2019). (A).
(232).
Revision to DSW Rule-Non-waste 80 FR 1694-1814 (1/13/ 26 A.A.R 2949 (11/03/ R18-8-260 (C), R18-8-261
determinations and variances (233). 2015). 2020). (A), R18-8-270 (A).
Vacatur of Comparable Fuels and 80 FR 18777-18780 (4/8/ 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-261
Gasification (234). 2015). 2019). (A).
Disposal of Coal Combustion 80 FR 21302 (4/17/ 25 A.A.R 435 (2/05/ R18-8-261 (A).
Residuals from Electric Utilities 2015). 2019).
(235).
Imports and Exports of Hazardous 81 FR 85696-85729 (11/ 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-261
Waste (236). 28/2016), 82 FR 41015- 2019). (A), R18-8-262 (A), R18-8-
41016 (8/29/2017). 263 (A), R18-8-264 (A),
R18-8-265 (A), R18-8-266
(A), R18-8-273
Generator Improvements Rule (237).. 81 FR 85732-85829 (11/ 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-265
28/2016). 2019). (A), R18-8-268, R18-8-
270(A), R18-8-273.
Confidentiality Determinations for 82 FR 60894-60901 (12/ 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-261
Hazardous Waste Export and Import 26/2017). 2019). (A), R18-8-262 (A).
Documents (238).
Hazardous Waste Electronic Manifest 83 FR 420-462 (1/3/ 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-262
System User Fee (239). 2018). 2019). (A), R18-8-263 (A), R18-8-
264 (A), R18-8-265 (A).
Safe Management of Recalled Airbags 83 FR 61552 (11/30/ 26 A.A.R 2949 (11/03/ R18-8-260 (C), R18-8-261
(240). 2018). 2020). (A), R18-8-262 (A).
Management Standards for Hazardous 84 FR 5816 (2/22/2019) 26 A.A.R 2949 (11/03/ R18-8-260 (C), R18-8-
Waste Pharmaceuticals and 2020). 261(A), R18-8-262 (A), R18-
Amendment to the P075 Listing for 8-263 (A), R18-8-264 (A),
Nicotine (241). R18-8-265 (A), R18-8-
266(A), R18-8-286, R18-8-
270 (A), R18-8-273.
Universal Waste Regulations: 84 FR 67202 (12/09/ 26 A.A.R 2949 (11/03/ R18-8-260 (C), R18-8-261
Addition of Aerosol Cans (242). 2019). 2020). (A), R18-8-264 (A), R18-8-
265 (A), R18-8-268, R18-8-
270 (A), R18-8-273.
----------------------------------------------------------------------------------------------------------------
[[Page 53561]]
G. Where are the revised state rules different than the Federal rules?
More Stringent: When revised state rules differ from the Federal
rules in the RCRA state authorization process, the EPA determines
whether the state rules are equivalent to, more stringent than, or
broader in scope than the Federal program. Pursuant to RCRA section
3009, 42 U.S.C. 6929, state programs may contain requirements that are
more stringent than the Federal regulations. Such more stringent
requirements can be federally authorized and, once authorized, become
federally enforceable. Although the statute does not prevent states
from adopting regulations that are broader in scope than the Federal
program, states cannot receive Federal authorization for such
regulations, and they are not federally enforceable.
Since 1984, Arizona's hazardous waste rules have contained several
procedural requirements that are more stringent than EPA's. These more
stringent procedural requirements are authorized by Arizona Revised
Statutes (ARS) section 49-922, which in directing Arizona to adopt
hazardous waste rules, prohibits only nonprocedural standards that are
more stringent than EPA's. There are no State requirements in the
program revisions listed in the table above that are considered to be
more stringent or broader in scope than the Federal requirements.
Removed Rules: On March 1, 2019, Arizona updated its hazardous
waste program rules and removed the following procedural requirements
that were more stringent than the EPA's Rules:
Annual Reports: Arizona eliminated the requirement that
Large Quantity Generators, Transfer, Storage and Disposal (TSD)
Facilities, and Recyclers submit annual reports [previously in AAC R18-
8-260(E)(3); R18-8-262(H), R18-8-264(I) and R18-8-265(I), ACC R18-8-
261(J)].
Hazardous Waste Manifest: Arizona no longer requires
hazardous waste generators, transporters and TSD Facilities to provide
a copy of all hazardous waste manifests to Arizona's Department of
Environmental Quality monthly [previously in AAC R18-8-262(I) and (J);
R18-8-263(C), R18-8-264(J) and R18-8-265(J)].
Nondelegable Rules: The EPA cannot authorize states to implement
certain Federal requirements associated with the Revisions to the
Export Provisions of the Cathode Ray Tube (CRT) Rule (Checklist 232),
Confidentiality Determinations for Hazardous Waste Export and Import
Documents Rule (Checklist 238), and the Hazardous Waste Electronic
Manifest User Fee Rule (Checklist 239). Arizona has adopted these
requirements and appropriately preserved the EPA's authority to
implement them.
Other than the differences discussed above, Arizona incorporates by
reference the remaining Federal rules listed in section F, so there are
no significant differences between the remaining Federal rules and the
revised State rules being authorized in this action.
H. Who handles permits after the authorization takes effect?
When final authorization takes effect, Arizona will issue permits
for all the provisions for which it is authorized and will administer
the permits it issues. The EPA will continue to administer any RCRA
hazardous waste permits or portions of permits that the EPA issued
prior to the effective date of authorization until they expire or are
terminated. The 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 final authorization. The EPA will continue to
implement HSWA requirements for which Arizona is not yet authorized.
The EPA has the authority to enforce state-issued permits after the
state is authorized.
I. How does this action affect Indian country (18 U.S.C. 1151) in
Arizona?
Arizona is not authorized to carry out the hazardous waste program
in 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 is the EPA codifying Arizona's hazardous
waste program as authorized in this authorization?
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. The EPA does this by adding those citations and references
to the authorized state rules in 40 CFR part 272. The EPA is not
codifying the authorization of Arizona's revisions at this time.
However, the EPA reserves the ability to amend 40 CFR part 272, subpart
L, for the authorization of Arizona'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 authorizes
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. 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 authorizes pre-existing requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (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 authorizes state requirements as part of a 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), 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
[[Page 53562]]
requirements of RCRA. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272) do not apply. As required by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996), in issuing this authorization, 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 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), as amended by Executive Order 14008 (86 FR
7619, February 1, 2021), 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 authorizes 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 authorization is
not subject to Executive Order 12898.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
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: September 1, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-19986 Filed 9-27-21; 8:45 am]
BILLING CODE 6560-50-P
