Modernizing Public Notice for RCRA Hazardous Waste Permitting and Other Actions, 71482-71494 [2021-27252]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Notices]
[Pages 71482-71494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27252]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2021-0348; FRL-8419-02-OLEM]


Modernizing Public Notice for RCRA Hazardous Waste Permitting and 
Other Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
and inviting public comment on allowing modern electronic alternatives 
for public notification in implementing Subtitle C of the Resource 
Conservation and Recovery Act (RCRA). Specifically, this notice 
communicates the EPA's

[[Page 71483]]

interpretation that the RCRA and EPA regulatory provisions that require 
newspaper notice for certain actions (e.g., permit issuance) can be 
satisfied by notice in qualifying online newspapers, as well as print 
newspapers. The EPA is also requesting comment regarding whether online 
mechanisms that might not typically be viewed as newspapers, such as 
bulletins or newsletters published online by state environmental 
agencies, could also satisfy these requirements. This notice further 
explains the EPA's view that the EPA in appropriate cases can authorize 
state regulations that provide for equivalent notice mechanisms other 
than newspaper publication for actions other than permit issuance 
(permit modifications for example). Finally, this notice requests 
comment on whether EPA should amend its regulations to allow for more 
flexibility in providing notice of permit actions and other RCRA 
actions.

DATES: Comments must be received on or before February 14, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OLEM-2021-0348, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov 
(our preferred method). Follow the online instructions for submitting 
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Office of Land and Emergency Management Docket, Mail Code 
28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only): 
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution 
Avenue NW, Washington, DC 20004. The Docket Center's hours of 
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal 
Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this notice. Comments received may be posted without change to 
https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the process, see the ``Public Participation'' heading of 
the SUPPLEMENTARY INFORMATION section of this document. Out of an 
abundance of caution for members of the public and our staff, the EPA 
Docket Center and Reading Room are open to the public by appointment 
only to reduce the risk of transmitting COVID-19. Our Docket Center 
staff also continues to provide remote customer service via email, 
phone, and webform. We encourage the public to submit comments via 
https://www.regulations.gov/, as there may be a delay in processing 
mail. Hand deliveries and couriers may be received by scheduled 
appointment only. For further information on EPA Docket Center services 
and the current status, please visit us online at https://www.epa.gov/dockets.
    For detailed instructions on sending comments and additional 
information on the rulemaking process, see the ``Public Participation'' 
heading of the SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT:
    Information on today's notice: Tab Sommer, Program Implementation 
and Information Division, Office of Resource Conservation and Recovery 
(Mail Code: 5303T), Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW, Washington, DC 20460; telephone number: 202-566-0363; email 
address: [email protected].
    Information on public participation in general: Toshia King, 
Program Implementation and Information Division, Office of Resource 
Conservation and Recovery (Mail Code: 5303T), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone 
number: 202-566-0468; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Contents

    The information presented in this preamble is organized as follows:

I. Table of Contents
II. Public Participation
    A. Docket
    B. Written Comments
    C. Submitting CBI
III. General Information
    A. Does this action apply to me?
    B. Purpose
    C. Authority
IV. Statutory and Regulatory Requirements Related to Public Notice 
for RCRA Permits
V. Public Notice Availability, Efficiency, and Effectiveness
    A. Community-Specific Public Participation Planning
    B. Lack of Available Print Newspapers in Some Communities
    C. Relative Benefits of Online Notice Vehicles
VI. Clarify Statutory and Regulatory Requirements for Newspaper 
Notice of RCRA Permitting and Other Actions
    A. Online Newspapers That Are Local and of General Circulation 
Satisfy RCRA and Regulatory Requirements
    B. Request for Comment on Whether Online EPA or State 
Newsletters/Bulletins Would Satisfy RCRA and Regulatory Requirements
VII. Newspaper Notice Requirements for Permitting Actions That Are 
Not Subject to RCRA Section 7004(b)(2)
VIII. Environmental Justice and Civil Rights Considerations
IX. Do guidance documents contain binding requirements?

II. Public Participation

A. Docket

    The EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OLEM-2021-0348. All documents in the docket are listed in 
the https://www.regulations.gov index. Publicly available docket 
materials are available either electronically at https://www.regulations.gov or in hard copy at the EPA Docket Center. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the EPA Docket Center is (202) 566-1742.

B. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2021-
0348, at https://www.regulations.gov (our preferred method), or the 
other methods identified in the ADDRESSES section. Once submitted, 
comments cannot be edited or removed from the docket. The 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. The 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://www.epa.gov/dockets/commenting-epa-dockets.
    Due to public health concerns related to COVID-19, the EPA Docket 
Center and Reading Room are open to the public by appointment only. Our 
Docket Center staff also continues to provide remote customer service 
via email, phone, and webform. Hand deliveries or couriers will be 
received by scheduled appointment only. For further information and 
updates on EPA Docket Center services, please visit us online at 
https://www.epa.gov/dockets.

[[Page 71484]]

    The EPA continues to carefully and continuously monitor information 
from the Centers for Disease Control and Prevention (CDC), local area 
health departments, and our Federal partners so that we can respond 
rapidly as conditions change regarding COVID-19.

C. Submitting CBI

    Do not submit information that you consider to be CBI 
electronically through https://www.regulations.gov or email. Send or 
deliver information identified as CBI to only the following address: 
ORCR Document Control Officer, Mail Code 5305T, Environmental 
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; 
Attn: Docket ID No. EPA-HQ-OLEM-2021-0348. Clearly mark the part or all 
of the information that you claim to be CBI. For CBI information in a 
disk or CD-ROM that you mail to the EPA, mark the outside of the disk 
or CD-ROM as CBI and then identify electronically within the disk or 
CD-ROM the specific information that is claimed as CBI. In addition to 
one complete version of the comment that includes information claimed 
as CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. If 
you submit a CD-ROM or disk that does not contain CBI, mark the outside 
of the disk or CD-ROM clearly that it does not contain CBI. Information 
marked as CBI will not be disclosed except in accordance with 
procedures set forth in Title 40 of the Code of Federal Regulations 
Part 2.

III. General Information

A. Does this action apply to me?

    Entities potentially affected by this notice include states and 
territories authorized by the EPA to implement the RCRA Subtitle C 
hazardous waste program, and the EPA Regions that directly implement 
the RCRA hazardous waste program. Other potentially affected entities 
include owners and operators of RCRA hazardous waste facilities that 
are seeking permit or other actions under RCRA, as well as members of 
the general public who have an interest in RCRA public participation 
(particularly for the RCRA hazardous waste permitting process).

B. Purpose

    The EPA is providing notice and inviting public comment on allowing 
modern electronic alternatives for public notice of the intent to issue 
hazardous waste permits and other actions. The discussion in this 
notice focuses on the statutory and regulatory requirements for 
newspaper notice of permitting actions. However, the interpretations 
EPA provides and invites comment on in this notice apply to all the 
RCRA Subtitle C hazardous waste regulatory provisions that require 
newspaper notice.
    First, this notice communicates the EPA's intention to consider 
qualifying online newspapers as satisfying the public notice 
requirements under RCRA section 7004(b)(2), 42 U.S.C. 6974(b)(2). That 
section of the RCRA statute states ``before the issuing of a permit . . 
. for the treatment, storage, or disposal of hazardous wastes . . . the 
Administrator shall cause to be published in major local newspaper of 
general circulation . . . .'' Specifically, the EPA interprets the 
phrase ``major local newspaper of general circulation'' in that section 
as including qualifying online newspapers. Thus, notice in such 
newspapers can satisfy the statutory requirement to provide public 
notice of an ``agency's intention to issue . . . a permit'' for a RCRA 
hazardous waste treatment, storage or disposal facility, so long as the 
newspapers are ``major,'' ``local,'' and ``of general circulation.'' 
Notice in such newspapers can also satisfy the corresponding EPA 
regulatory requirements. The main RCRA newspaper public notice 
regulatory requirement is at Sec.  124.10(c)(2)(ii) of Title 40 of the 
Code of Federal Regulations (CFR); additional RCRA permitting and other 
RCRA hazardous waste regulations also require various forms of 
newspaper notification. The EPA plans to operate under this 
interpretation; however, the EPA welcomes comment on it and may either 
affirm the interpretation or revise it following review of any 
comments. Authorized states with similar newspaper notice regulations 
would be able to implement an online newspaper interpretation similar 
to EPA's without seeking authorization if no state regulatory changes 
are made; states would have this ability with respect this to notice 
for permit issuance (i.e., initial permit and permit renewals) and 
other actions (e.g., permit modifications).
    Second, this notice requests comment on whether online mechanisms 
that might not typically be viewed as ``newspapers,'' such as bulletins 
or newsletters published online by state (or EPA) environmental agency, 
could also satisfy RCRA section 7004(b)(2)'s public notice requirement 
and regulatory newspaper notice requirements.
    Third, this notice explains the EPA's view that, for actions other 
than permit issuance \1\ (permit modifications for example), which are 
not governed by section 7004(b)(2), the EPA in appropriate cases can 
authorize state regulations that provide for notice mechanisms other 
than newspaper publication, even where EPA regulations require the 
agency, the permittee, or state, to provide notice of such actions 
through newspaper publication, as long as the notice is equivalent to 
and no less stringent than the federal program as discussed in Section 
VII.
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    \1\ All uses of the term ``permit issuance'' in this notice 
includes the issuance of RCRA permit renewals in addition to the 
issuance of initial permits.
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    Fourth, the EPA is requesting comment on whether it should modify 
its RCRA hazardous waste regulations that require newspaper notice, in 
order to allow the Agency more flexibility for notices that are not 
governed by section 7004(b)(2) (permit modifications for example) and 
to codify the flexibility discussed in Section VI for permit issuance 
notice under section 7004(b)(2) (for use of online newspapers and 
possibly agency newsletters and bulletins).
    For the reasons explained in this notice, the EPA believes both 
RCRA section 7004(b)(2) and EPA regulations (for permit issuance and 
other permit actions) can and should be interpreted broadly to 
effectuate the underlying purpose of public notice of RCRA Subtitle C 
permit actions, which is to inform the public in the most effective, 
efficient way of permit actions in their communities. More broadly, the 
purpose of all the public notice requirements in the Subtitle C 
regulations is to inform the public of actions and activities related 
to the Subtitle C program within their states and communities. The EPA 
intends to allow for the full range of flexibility afforded by RCRA and 
EPA regulations to satisfy public notice requirements; permitting 
agencies and other environmental agencies implementing RCRA have 
discretion to choose which public notice mechanisms would be most 
effective based on the characteristics and needs of a specific 
community or circumstance. This effort does not narrow or limit any 
existing flexibilities for notices under Subtitle C.
    In exercising this flexibility, recipients of federal financial 
assistance, including from EPA, must comply with federal civil rights 
laws, including Title VI of the Civil Rights Act of 1964 and Section 
504 of the Rehabilitation Act of 1973. Title VI prohibits 
discrimination on the basis race color or national

[[Page 71485]]

origin, including limited English proficiency, and recipients have an 
affirmative obligation to ensure individuals with limited English 
proficiency have a meaningful opportunity to participate in permit and 
other decision making and public involvement processes, including 
through the translation of vital documents and the provision of 
qualified interpreter services. Section 504 of the Rehabilitation Act 
prohibits discrimination on the basis of disability, and recipients 
must provide persons with disabilities needed reasonable accommodations 
and appropriate auxiliary aids and services where necessary so they may 
effectively participate in permit actions and other public 
participation processes.\2\
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    \2\ See Title VI, 42 U.S.C. 2000(d) et seq.; Section 504 of the 
Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; Lau v. 
Nichols, 414 U.S. 563, 568-69 (1974) (finding that the government 
properly required language services to be provided under a 
recipient's Title VI obligations not to discriminate based on 
national origin); 40 CFR 7.30 and 7.35. See also U.S. EPA, Guidance 
to Environmental Protection Agency Financial Assistance Recipients 
Regarding Title VI Prohibition Against National Origin 
Discrimination Affecting Limited English Proficient Persons. 69 FR 
35602 (June 25, 2004) (available at https://www.epa.gov/sites/production/files/2020-02/documents/title_vi_lep_guidance_for_epa_recipients_2004.06.25.pdf); U.S. EPA, 
Title VI Public Involvement Guidance for EPA Assistance Recipients 
Administering Environmental Permitting Programs, 71 FR 14207 (March 
21, 2006) (available at https://www.epa.gov/sites/production/files/2020-02/documents/title_vi_public_involvement_guidance_for_epa_recipients_2006.03.21.pdf); U.S. EPA, Procedural Safeguards Checklist for Recipients, at 
https://www.epa.gov/sites/production/files/2020-02/documents/procedural_safeguards_checklist_for_recipients_2020.01.pdf (rev. 
Jan. 2020) (which provides a more detailed explanation of 
nondiscrimination obligations and best practices); U.S. EPA, 
Disability Nondiscrimination Plan Sample, at https://www.epa.gov/sites/production/files/2020-02/documents/disability_nondiscrimination_plan_sample_for_recipients_2020.01.pdf. 
(2017).
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    While the focus of this Federal Register notice is on modern online 
(electronic) newspaper notice options, EPA notes for context that 
authorized state programs and the EPA are currently making use of 
electronic alternatives to in-person hearings,\3\ in-person 
meetings,\4\ and postal mail \5\ to meet additional public notice 
requirements for some RCRA hazardous waste permitting actions.
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    \3\ EPA Office of General Counsel. Memorandum: Virtual Public 
Hearings and Meetings. 16 April, 2020. Accessed via: https://www.epa.gov/sites/production/files/2020-04/documents/ogc_virtual_hearing_memo_4-16-2020.pdf.
    EPA. RCRA Public Participation Manual--Tools for hearings). 
Accessed via: https://www.epa.gov/sites/default/files/2020-04/documents/public_hearings-rcra_tools-508_compliant_12-20-191.pdf.
    \4\ EPA. RCRA Public Participation Manual--Tools for meetings). 
Accessed via: https://www.epa.gov/sites/default/files/2020-04/documents/public_meetings-rcra_tools-508_compliant_12-20-191.pdf.
    \5\ EPA. RCRA Public Participation Manual--Tools for mailings. 
Accessed via: https://www.epa.gov/sites/production/files/2021-04/documents/mailing_lists-rcra_tools-508_compliant_12-20-19_updated.pdf.
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C. Authority

    This document is issued under the authority of sections 2002, 3005, 
and 7004 of the Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act of 1976, as amended by the Hazardous and 
Solid Waste Amendments of 1984 (42 U.S.C. 6912, 6925, 6974).

IV. Statutory and Regulatory Requirements Related to Public Notice for 
RCRA Permits

    RCRA permits are required for the treatment, storage, or disposal 
of hazardous waste (see 42 U.S.C. 6925). These permits include 
facility-specific requirements, based on the applicable RCRA 
regulations, for the management of hazardous wastes and are issued by 
authorized states or EPA regional offices. When ``permitting agencies'' 
are referenced in this notice, we are referring to state programs that 
are authorized to implement the RCRA permitting regulations in lieu of 
EPA, or EPA regional offices. As discussed further below, permitting 
agencies are required to publish notices as part of the permitting 
process. This notice also sometimes refers to ``state environmental 
agencies'' when speaking about state RCRA environmental programs acting 
in capacities broader than permitting.
    RCRA section 7004(b)(2), 42 U.S.C. 6974(b)(2), states: ``Before the 
issuing of a permit to any person with respect to any facility for the 
treatment, storage, or disposal of hazardous wastes under section 3005, 
the Administrator shall--(A) cause to be published in major local 
newspapers of general circulation and broadcast over local radio 
stations notice of the agency's intention to issue such permit. . . .'' 
This section further provides that ``no state program which provides 
for the issuance of permits referred to in this paragraph may be 
authorized by the Administrator under section 6926 of this title unless 
such program provides for the notice. . . required by the paragraph.'' 
Thus, this requirement governs permitting by both EPA and authorized 
states. The EPA's main regulation implementing this provision requires 
``publication of a notice in a daily or weekly major local newspaper of 
general circulation.'' While this regulation implements RCRA section 
7004(b)(2) by requiring newspaper notice of the intent to issue a 
permit, it also covers a range of other permitting actions which are 
not governed by that section.
    Section 7004(b)(2) applies when EPA or authorized states are 
``issuing'' permits. EPA interprets this section to apply to permit 
renewals as well as initial issuance of permits, since each RCRA permit 
has an expiration date, which by statute cannot extend beyond ten years 
from the date of issuance (RCRA section 3005(c)(3)). The renewal of a 
RCRA permit is, in effect, the issuance of a RCRA permit, because it 
replaces the previous permit and establishes a new permit term. 
However, the EPA does not view other permit actions--for example, a 
permit modification--as the issuance of permits, because they do not 
replace the existing permit and do not establish another permit term. 
Other sections of RCRA distinguish between the issuance and 
modification of permits (see, e.g., RCRA section 3005(c)(3)). Permit 
modification notification by the agency and the permittee is just one 
example of permitting actions not governed by section 7004(b)(2) for 
which the regulation requires newspaper public notice. See Section VII 
for details.
    As explained further in Section VII, when EPA is the implementing 
agency, it is subject to the requirements specified in the regulatory 
text,\6\ but authorized states have flexibility to adopt and seek 
authorization for other public notice approaches that are equivalent to 
and at least as stringent as the EPA regulatory requirements, when 
undertaking actions other than permit issuance (permit modifications 
for example).
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    \6\ For example, when EPA is the permitting authority, it must 
give newspaper notice for agency-initiated permit modifications per 
the regulatory requirements (Sec. Sec.  270.41, 124.5, and 
124.10(c)(2)(ii)).
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V. Public Notice Availability, Efficiency, and Effectiveness

A. Community-Specific Public Participation Planning

    The EPA would like to emphasize that the RCRA program is committed 
to the importance of adapting public notice methods to the local 
community and doing appropriate research and outreach to determine what 
combination of methods will work best for a given community, including 
disadvantaged populations within the community, persons with limited 
English proficiency, and persons with disabilities. There are two main 
steps to achieve this according to the 2016 RCRA Public Participation 
Manual: The first is to assess the community and the second is to 
develop a public

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participation plan.\7\ Conducting these recommended steps will increase 
the degree of meaningful community engagement when it comes to 
obtaining public input for upcoming EPA RCRA decision-making at the 
facilities that the communities host. Such decisions include permit 
issuance, but also include other actions outlined in the manual.
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    \7\ EPA Office of Land and Emergency Management. Resource 
Conservation and Recovery Act Public Participation Manual. 2016. 
530-R-16-013, Chapter 5. Accessed via: https://www.epa.gov/sites/default/files/2019-09/documents/final_rcra_ppm_updated.pdf.
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    Assessing the Community. According to the approach described in the 
2016 RCRA Public Participation Manual, before designing a public 
participation plan, the permitting agency would perform a community 
assessment and begin by determining the level of community interest in 
the action. Each community is different and has its own way of 
spreading information to interested people. Key institutions and groups 
also vary from place to place, as do socioeconomic status, limited 
English proficiency culture and traditions, political and religious 
activity, disabilities, and values. Understanding these community 
characteristics is essential to facilitating successful public 
participation. Community assessments should help agencies, facility 
owners/operators, and public interest groups identify public 
participation activities that are useful and meaningful for particular 
communities. Assessments can include mapping the area around the 
facility and identifying off-site impacts.
    Public Participation Plan Development. After identifying the major 
community groups, concerns and relevant community characteristics 
during the community assessment, the agency drafts a public 
participation plan to address the following components of a public 
participation plan framework:
     Identifying and establishing effective methods for 
communicating with community members (e.g., mailing lists, newsletters, 
interviews, local broadcast television station news programs, websites, 
public notice signs at the facility, public conference calls, online 
social media platforms presence, and other information sources).
     Communicating with the media and elected officials.
     Planning and conducting public participation events.
     Coordinating public participation with other stakeholder 
groups and community events.
     Preparing and distributing additional resources such as 
fact sheets, public notices, news releases, meeting handouts, 
presentations and online or social media updates.
    With respect to RCRA permitting, there are both public notice 
activities required by the statute and regulations, and public notice 
activities that are optional and can be tailored to reach a specific 
community. The list below includes examples of required and optional 
methods (dependent on the specific RCRA actions being taken): \8\
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    \8\ EPA Office of Land and Emergency Management. Resource 
Conservation and Recovery Act Public Participation Manual. 2016. 
Exhibit 5-1 and 5-2. Accessed via: https://www.epa.gov/sites/default/files/2019-09/documents/final_rcra_ppm_updated.pdf.
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    Required for the applicant in the regulations:
     Newspaper;
     Radio broadcast;
     Public roadway signage at the facility location or 
entrances to public roadway;
     Information repository; and
     Pre-application meetings and meeting documentation.
    Required for the agency in the regulations:
     Newspaper;
     Mailing list;
     Fact sheets/statements of basis;
     Meetings/hearings;
     Public comment (including response to comment); and
     Notice of decision.
    Other optional methods of public engagement: \9\
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    \9\ EPA Office of Land and Emergency Management. Resource 
Conservation and Recovery Act Public Participation Manual. 2016. 
Exhibit 5-3. Accessed via: https://www.epa.gov/sites/default/files/2019-09/documents/final_rcra_ppm_updated.pdf.
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     Community interviews;
     Community advisory groups;
     Telephone calls including public conference calls;
     Local public television (broadcast and cable) seeking 
local news content;
     Informal meetings with stakeholders;
     Focus groups;
     Facility tours and observation decks;
     On-Scene Information Offices;
     Briefings with key stakeholders;
     Project newsletters and reports;
     Presentations to concerned community groups (and others);
     Exhibits and information tables; and
     Workshops.
    In addition to the public participation requirements identified in 
RCRA and EPA regulations, recipients of federal financial assistance, 
including from EPA, must comply with federal civil rights laws. These 
civil rights laws require recipients to ensure individuals with limited 
English proficiency have a meaningful opportunity to participate in 
permit and other decision making and public involvement processes, 
including through the translation of vital documents and the provision 
of qualified interpreter services. The federal civil rights laws also 
require that recipients provide persons with disabilities needed 
reasonable accommodations and appropriate auxiliary aids and services 
where necessary so they may effectively participate in permit actions 
and other public participation processes. This includes an obligation, 
when in-person hearings are held, to choose facilities in which to hold 
permit hearings and other public participation events, that are 
accessible to persons with physical disabilities.
    Communities have different needs. Some communities have a lack of 
newspapers, and most of the community members consume news through the 
internet (as described in Section V.B); while other communities may 
have limited internet access. According to a Pew Research Center survey 
of U.S. adults conducted from Jan. 25 to Feb. 8, 2021,10 11 
``7% of U.S. adults say they do not use the internet'' and it also 
states that ``rural residents go online less frequently than their 
urban counterparts'' and that ``eight-in-ten adults who live in rural 
communities say they use the internet on at least a daily basis, 
compared with roughly nine-in-ten of those in urban areas (88%).'' 
While people tend to use the internet on multiple devices, this is less 
common with rural residents according to the Pew Research Survey, and 
they may need to rely on the internet connection at home. ``Roughly 
seven-in-ten rural Americans (72%) say they have a broadband internet 
connection at home.'' In communities with widely used local newspapers 
and limited internet access, it is expected that the community 
assessment process listed above would result in a development of a 
public participation plan that focuses on the use of the local print 
newspaper (in addition to other methods, as needed).
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    \10\ Perrin, A. and Atske, S. 7% of Americans don't use the 
internet. Who are they? Pew Research Center, 2021. Accessed via: 
https://www.pewresearch.org/fact-tank/2021/04/02/7-of-americans-dont-use-the-internet-who-are-they/.
    \11\ Vogels, E.A. Some digital divides persist between rural, 
urban and suburban America. Pew Research Center, 2021. Accessed via: 
https://www.pewresearch.org/fact-tank/2021/08/19/some-digital-divides-persist-between-rural-urban-and-suburban-america.
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    In addition, several tribal members raised to the EPA that some 
households

[[Page 71487]]

on tribal lands do not have access to the internet and rely on other 
methods like local television and radio.\12\ According to the Federal 
Communications Commission (FCC), 628,000 tribal households--roughly 36% 
of Tribal households nationwide--lack access to standard broadband (no 
providers). The same FCC report stated that 8% of non-tribal households 
lacked access to standard broadband providers.\13\ A study by the 
American Indian Policy Institute in 2019 found nearly one in five 
reservation residents has no internet at home.\14\
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    \12\ The EPA provided an opportunity for tribes to consult with 
EPA on this Federal Register Notice and held an informational 
webinar for tribes in October 2021. More on the consultation process 
can be found at: https://www.epa.gov/tribal/epa-policy-consultation-and-coordination-indian-tribes.
    \13\ Federal Communications Commission. Report on Broadband 
Deployment in Indian Country, Pursuant to the Repack Airwaves 
Yielding Better Access for Users of Modern Services Act of 2018. 
Submission to the Senate Committee on Commerce, Science, and 
Transportation House of Representatives Committee on Energy and 
Commerce, 2019. Figure 2. Accessed via: https://www.fcc.gov/document/report-broadband-deployment-indian-country.
    \14\ Schapiro, A. Coronavirus crisis threatens internet 
opportunity for Native Americans. Reuters. 2020. Accessed via: 
https://www.reuters.com/article/us-health-coronavirus-usa-rights-trfn/coronavirus-crisis-threatens-internet-opportunity-for-native-americans-idUSKCN24T06B.
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    These statistics underscore the importance of assessing the 
community and planning public participation based on community 
characteristics and needs.

B. Lack of Available Print Newspapers in Some Communities

    Many localities no longer have newspapers that might have 
traditionally been considered ``local;'' there has been a trend in 
newspapers ceasing publication; and there has been a trend in 
circulation reductions. These three trends are described below.
     Communities with no local newspaper.--According to a study 
in 2018 by the University of North Carolina Hussman School of Media and 
Journalism (UNC Hussman), nationally 171 counties with 3.2 million 
residents had no local newspaper.\15\ The counties without a newspaper 
have now increased to more than 200 according to their updated report 
(2020 UNC Hussman report \16\).
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    \15\ Abernathy, P. The Expanding News Desert. University of 
North Carolina Press. 2018. Accessed via: https://www.cislm.org/wp-content/uploads/2018/10/The-Expanding-News-Desert-10_14-Web.pdf.
    \16\ Abernathy, P. News Deserts and Ghost Newspapers: Will Local 
News Survive? University of North Carolina Press. 2020. Accessed 
via: https://www.usnewsdeserts.com/wp-content/uploads/2020/06/2020_News_Deserts_and_Ghost_Newspapers.pdf.
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     Recent trend of newspaper reductions.--The 2020 UNC 
Hussman report also concluded that, in the past 15 years, the U.S. has 
lost one-fourth (2,100) of its newspapers ``leaving at least 1,800 
communities that had a local news outlet in 2004 without any at the 
beginning of 2020.'' Most of these losses were sustained in 
economically struggling communities; however, some were also in larger 
cities with more affluential readership. UNC Hussman also found that 
the economic fallout from the COVID-19 pandemic has dramatically 
increased the decline--with at least 30 newspapers that closed or 
merged in April and May of 2020, and dozens of newspapers that switched 
to online-only delivery of news.\17\
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    \17\ Abernathy, P. News Deserts and Ghost Newspapers: Will Local 
News Survive? University of North Carolina Press. 2020. Accessed 
via: https://www.usnewsdeserts.com/wp-content/uploads/2020/06/2020_News_Deserts_and_Ghost_Newspapers.pdf.
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     Circulation reduction trends.--The same 2020 UNC Hussman 
report stated that total newspaper circulation decreased by 55 million 
between 2004 and the end of 2019. An estimated ``half of newspaper 
readers have vanished over the past 15 years.'' Between 2004 and 2019, 
total weekday circulation--including both dailies and weeklies--
declined 45 percent, from more than 122 million to 68 million. Daily 
papers lost 22 million print readers. Only 39 dailies had a circulation 
of more than 100,000 in 2019, compared with 104 in 2004. Most of the 
drop in daily circulation resulted from decisions by owners of dailies 
to pare back distribution of the print paper, especially in outlying 
areas. The dramatic circulation drop occurred despite new rules adopted 
by the industry after 2004 that allowed newspapers to count print and 
online readership that had previously been excluded (this is likely to 
undercount online readership since ``circulation'' does not include 
free online readership).18 19
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    \18\ Abernathy, P. News Deserts and Ghost Newspapers: Will Local 
News Survive? University of North Carolina Press. 2020. Accessed 
via: https://www.usnewsdeserts.com/wp-content/uploads/2020/06/2020_News_Deserts_and_Ghost_Newspapers.pdf.
    \19\ Payment for online access is a prerequisite for including 
those digital numbers in the industry-accepted audit of circulation 
conducted by the Alliance for Audited Media (AAM).
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    State permitting agencies have also raised these trends in various 
meetings over the years with EPA, reporting that print newspapers are 
not available in all communities. A few recent examples have been 
shared with the EPA. An example illustrating the ineffectiveness of 
newspaper notification in some scenarios is the Holcim facility in 
Artesia, Mississippi. EPA Region 4 issued a renewal permit on September 
21, 2017, to operate a RCRA hazardous waste fuel blending facility. 
Because there was no local paper with readership in the community near 
the facility, EPA issued public notice in a more regional newspaper out 
of Starkville, Mississippi, over 20 miles from Holcim's facility. The 
region also posted the draft permit on their website and took comments 
for the duration of the comment period and the region found it was more 
effective in reaching the local community. A more unusual example 
involves a RCRA corrective action permit in Johnston Atoll issued by 
EPA Region 9 on December 21, 2018. The print newspaper closest to 
Johnson Atoll is the Honolulu Star-Advertiser which is based in Hawaii 
and is published 720 nautical miles from the facility. The EPA used the 
Honolulu Star-Advertiser publication to satisfy the statutory and 
regulatory newspaper notice requirement, but the notice was relatively 
expensive and no inquiries regarding the permit originated from the 
newspaper notice, but rather were initiated by the public reviewing the 
EPA website and using that contact information. In contrast to these, 
notification for the Chemical Waste Management's Kettleman Hills 
facility (a RCRA hazardous waste and Toxic Substances Control Act 
(TSCA) landfill) in Kings County, California demonstrates what 
notification under authorities with greater flexibility can look like. 
The Kettleman Hills landfill is a facility with a community whose 
closest print newspaper is roughly 30 miles away in Hanford and is 
published in English only. The nearest community to the facility, in 
Kettleman City, is primarily Spanish speaking. California's Department 
of Toxic Substances Control (DTSC) handles the facility's RCRA 
permitting notices and has specifically assessed the community needs 
and identified effective communication methods in addition to the 
required newspaper notice. EPA in its most recent notice for the 
Kettleman Hills facility, for approval to dispose of polychlorinated 
biphenyls under TSCA, elected to apply some enhanced communication 
methods. The notice was published in the Hanford Sentinel, but the EPA 
region also provided notice via direct mail and email, web page 
postings, and posters in the local community in both English and 
Spanish. These mechanisms were considered more effective than the 
newspaper publication.

[[Page 71488]]

    In light of these trends described above, some state permitting 
agencies find that notice in traditional print newspapers is 
ineffective. They have supported modernizing the public notice 
requirements under their authorized programs and have raised the issue 
to the EPA. For example, two states (Alabama and Georgia) identified 
this issue for consideration under the 2017 Executive Order (E.O.) 
13777 ``Enforcing the Regulatory Reform Agenda.'' \20\ Both states 
would prefer that EPA amend its regulations to increase notice 
flexibility. In comment to this E.O., Georgia Department of Natural 
Resources \21\ stated that ``depending on the location of the facility, 
publication in the major local newspaper with circulation in that area 
can be very expensive, especially if it is in a major metropolitan area 
. . . As more newspapers go out of business, it may not be possible to 
find an appropriate newspaper in which to publish the notice.'' Also, 
in comment to this E.O., the Alabama Department of Environmental 
Management's letter \22\ of May 12, 2017, regarded the newspaper 
requirement as archaic, expensive, and ineffective. The letter stated: 
``These archaic rules, originally written in the 1970's, are completely 
obsolete and ineffective. First, as print news media has evolved over 
time, the availability of daily, and even weekly newspapers, is 
extremely limited. Moreover, many times, outside the control of the 
regulatory agency, permit notices are published in sections of the 
media that have very limited readership . . . And as the availability 
and effectiveness of these outlets has declined, the cost associated 
with these notice methods have increased.''
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    \20\ 82 FR 17793, Also see https://www.federalregister.gov/documents/2017/02/03/2017-02451/reducing-regulation-and-controlling-regulatory-costs.
    \21\ Dunn, R.E. Georgia Environmental Protection Division's 
Comments on EPA's Proposed Evaluation of Existing Regulations. 
Letter for Docket EPA-HQ-OA-2017-0190. 2017.
    \22\ Davis, P.D. Recommendation for Consideration under 
Executive Order 13777 on `Enforcing the Regulatory Reform Agenda'. 
Letter for Docket EPA-HQ-OA-2017-0190. 2017.
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    While the large majority of Americans get their news from digital 
devices,\23\ some newspapers have gone to having print newspapers on a 
more limited basis and publishing ``e-editions'' on the other days.\24\ 
The permitting agencies have mentioned that publication of notices in 
printed newspapers can often delay the permitting process, based on 
available space for the publication in the print newspaper and based on 
the publication schedule (if biweekly, for example).
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    \23\ Shearer, E. and Mitchell, A. News Use Across Social Media 
Platforms in 2020. Pew Research Center. 2021. Accessed via: https://www.pewresearch.org/fact-tank/2021/01/12/more-than-eight-in-ten-americans-get-news-from-digital-devices/ft_2021-01-12_socialmedia_01/.
    \24\ Abernathy, P. News Deserts and Ghost Newspapers: Will Local 
News Survive? University of North Carolina Press. 2020. Accessed 
via: https://www.usnewsdeserts.com/wp-content/uploads/2020/06/2020_News_Deserts_and_Ghost_Newspapers.pdf.
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    Often the online and print versions will both be available, but in 
some cases, the community may only have access to online newspapers. In 
general, online-only newspapers are increasingly common but are not 
filling the void of the overall decreasing local newspaper 
availability.\25\
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    \25\ Abernathy, P. News Deserts and Ghost Newspapers: Will Local 
News Survive? University of North Carolina Press. 2020. Accessed 
via: https://www.usnewsdeserts.com/wp-content/uploads/2020/06/2020_News_Deserts_and_Ghost_Newspapers.pdf.
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C. Relative Benefits of Online Notice Vehicles

    Other EPA permitting programs have finalized changes to their 
public notice regulations to use a public website notice as a 
replacement to newspaper notice. The general benefits of internet-based 
notices used to support these regulatory changes support the 
interpretations of RCRA and its implementing regulations advanced in 
today's notice. Unlike RCRA, the statutory provisions governing these 
other programs do not require newspaper notice, and the regulatory 
changes under these programs have dispensed with the previous 
requirements to provide newspaper notice. EPA does not have that 
flexibility for notices of permit issuance under RCRA.
    The EPA's Office of Air rulemaking for Prevention of Significant 
Deterioration (PSD) permits (81 FR 71613, October 18, 2016) and EPA 
Office of Water's rulemaking for National Pollutant Discharge 
Elimination System (NPDES) permits (84 FR 3324, February 12, 2019) 
describe the basis for the regulatory change from newspaper notice to 
internet postings to satisfy public notice requirements.\26\ The 
decision to replace the newspaper requirement was supported by data and 
rationale presented in the preambles of those rulemakings.\27\ The 
replacement of newspaper notice in those permitting program regulations 
support the effort for flexibility with RCRA newspaper notice for 
permitting actions.
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    \26\ The EPA RCRA, PSD and NPDES permitting programs have 
regulatory requirements under ``Public notice of permit actions and 
public comment period'' at Sec.  124.10. The PSD notice at Sec.  
124.10(c)(2)(iii)(B) now requires notification to the public for the 
duration of the public comment period, on a ``public website'' 
identified by the Director (in lieu of the requirement for 
publication of a notice in a daily or weekly newspaper in Sec.  
124.10(c)(2)(i)). The information includes the following: A notice 
of availability of the draft permit for public comment (or the 
denial of the permit application), the draft permit, information on 
how to access the administrative record, and information on how to 
request and/or attend a public hearing on the draft permit. The 
NPDES notice at Sec.  124.10(c)(2)(iv) now states that, for NPDES 
major permits and NPDES general permits, the Director may publish 
all notices of activities (described in Sec.  124.10(a)(1)) to the 
permitting authority's public website in lieu of the requirement for 
publication of a notice in a daily or weekly newspaper (as described 
in Sec.  124.10(c)(2)(i)). If the Director selects this option for a 
draft permit, they will include the public notice contents in Sec.  
124.10(d) and post the draft permit and fact sheet on the website 
for the duration of the public comment period.
    \27\ The data and analysis for justification of the regulation 
change to internet-based notices for the PSD and NPDES programs in 
2016 and 2019 were based on information that may now be superseded 
by newer studies but was sufficient to make their findings. The 
trend with newer studies typically shows an increasing trend toward 
to internet usage and decreasing print newspaper availability. 
Regardless, the older data and analysis that provided support for 
the PSD and NPDES decisions also inform the interpretation for RCRA.
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    The PSD rule preamble (81 FR 71613, page 71622) stated that ``the 
EPA believes that in those instances when internet posting is the sole 
notice provided, it will be fully adequate to meet the purpose for 
which notice is intended--to provide, to as many of the public at large 
as can reasonably be expected to be interested, access to important 
information regarding draft permits. In addition, internet publishing 
provides the potential to reach unknown interested parties.'' The 
preamble went on to say that residents in a local jurisdiction might 
not subscribe to a local paper or happen to see a one-day posting in 
the legal notices section of the newspaper. At any given time, 
residents may be out of town and/or relying on the internet for news. 
The fact that ``e-notices'' (a term used in the PSD program) will 
remain on the internet for the duration of the public comment period 
vastly increases the likelihood that interested parties will receive 
notice about draft permits. In addition, interested parties would not 
have the burden of traveling to a physical location to review a copy of 
the draft permit if a link to the document is also posted on the 
internet notice.\28\ The preamble also mentioned that ``Given the 
widespread use of the internet in our mobile society, the EPA believes 
that e-notice's reach will improve the

[[Page 71489]]

public notice process and yield positive results.''
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    \28\ Links to agency websites and permit documentation can be 
included in the print newspaper notices, but it is easier to 
implement in online notices.
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    Online newspapers can reach a broader audience than print 
newspapers since notices published online align with the trend on how 
many Americans are consuming news. Internet use among the public in the 
United States has expanded tremendously and continues to penetrate all 
demographic groups.\29\ Moreover, online news is often (but not always) 
\30\ cheaper and easier for readers to access than subscriptions for 
traditional printed newspapers. Online readership for most daily 
newspapers exceeds print readership.\31\ An advantage of online 
newspapers is that they can be read from mobile devices, enabling 
permitting agencies to reach individuals wherever they are. Notices in 
online newspapers can be translated into different languages by widely 
available software and can be adapted for people with disabilities (for 
example, screen readers for the visually impaired). The EPA is aware 
that in some cases, print newspapers can address some of the issues 
listed above (publishing multilingual papers for example), but the EPA 
believes that on average, online newspapers address these issues to a 
larger extent.
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    \29\ See response to public comments, in the 2016 Office of Air 
Prevention of Significant Deterioration (PSD) rulemaking at (81 FR 
71613).
    \30\ The EPA is aware, however, that while online sources are 
often more efficient and less expensive, it is not the case in every 
situation. For example, some print newspapers are free.
    \31\ Abernathy, P. News Deserts and Ghost Newspapers: Will Local 
News Survive? University of North Carolina Press. 2020. Accessed 
via: https://www.usnewsdeserts.com/wp-content/uploads/2020/06/2020_News_Deserts_and_Ghost_Newspapers.pdf.
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    The vast majority of people in the United States have internet 
access. When Pew Research Center began systematically tracking 
Americans' internet usage in early 2000, about half of all adults were 
already online. Today, 93% of American adults use the internet and 
roughly three-quarters of American adults have broadband internet 
service at home. The share of Americans that own a smartphone is now 
85% (as of February 8, 2021), up from just 35% in Pew Research Center's 
first survey of smartphone ownership conducted in 2011.\32\ EPA is 
aware that concerns have been raised for those who do not have internet 
access. EPA acknowledges that the portion of the population that does 
not have access tends to be rural and low-income people (see Section 
V.A). Furthermore, internet access does not always mean consistent 
access. In this regard, EPA reiterates that today's notice does not 
require online notice in lieu of notice in a printed newspaper; rather, 
it interprets RCRA and EPA's regulations as allowing for notice in 
qualifying online newspapers as well as print newspapers and requests 
comment on also allowing for notice in qualifying agency online 
bulletins and newsletters. It is important that agencies know and 
understand the communities they serve so that the appropriate mix of 
services for providing effective notice can be considered, including 
the community's access to internet services. In addition, while some 
communities may have limited internet access, those communities may 
also not be served by traditional local print newspapers. And, even if 
they are, residents might not routinely consult those papers for 
information on things like permit notices. EPA believes it makes sense 
to afford permitting agencies the maximum flexibility to use notice 
vehicles that will best serve the local community.\33\
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    \32\ Pew Research Center. Internet/Broadband Fact Sheet. 2021 
Accessed via: https://www.pewresearch.org/internet/fact-sheet/internet-broadband/.
    \33\ Notices and other public participation processes must also 
be implemented consistent with the federal civil rights laws that 
apply to all recipients of federal financial assistance.
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    The following Act and Executive Order that the PSD rule (81 FR 
71613, page 71621) cited highlight the broader direction within the 
Federal Government to move towards online and electronic vehicles in 
government operations and toward efforts to increase efficiency. These 
authorities support today's notice.
     The E-Government Act of 2002 \34\ generally requires and 
encourages federal agencies to better manage and promote internet and 
information technology use to bring about improvements in government 
operations and customer service. This Act establishes an Office of 
Electronic Government in the Office of Management and Budget (OMB) and 
imposes responsibilities on various high-level government officials 
including heads of federal government agencies. The Act defines 
``electronic Government'' as ``the use by the Government of Web-based 
internet applications and other information technologies, combined with 
processes that implement these technologies, to: (A) Enhance the access 
to and delivery of Government information and services to the public, 
other agencies, and other Government entities; or (B) bring about 
improvements in Government operations that may include effectiveness, 
efficiency, service quality, or transformation.'' 44 U.S.C. 3601(3). 
While the Act does not mandate internet publication of the EPA's or 
other agencies' public notices, online publication of notices would, in 
many communities, advance the goals of enhancing the access to 
government information by the public, using the internet to improve the 
effectiveness and efficiency of government operations (in this case, 
the RCRA permitting process), and providing for higher quality service 
for the affected communities.
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    \34\ Public Law 107-347, 116 Stat. 2899.
---------------------------------------------------------------------------

     Executive Order 13576 (June 13, 2011), Delivering an 
Efficient, Effective, and Accountable Government,\35\ encourages 
federal agencies to cut waste, streamline structure and operations, and 
reinforce performance and management reform. The objectives of the E.O. 
include ``reducing wasteful or ineffective programs, policies, and 
procedures.'' The EPA maintains that increased effectiveness in public 
notice would support these objectives.
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    \35\ Exec. Order 13576. June 13, 2011.
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    Some state permitting agencies find the newspaper notice an 
expensive form of notice in general relative to its effectiveness. The 
costs for public notices are entirely dependent upon the newspaper and 
its circulation. Basically, the rates tend to be highest for daily 
newspapers in large metropolitan areas and lowest in small rural towns. 
In 2015, the EPA Office of Superfund Remediation and Technology 
Innovation (OSRTI) conducted a study on newspaper notification in the 
Superfund cleanup process \36\ where it concluded that a major local 
newspaper of general circulation is not always effective in reaching 
the intended audience and that it is relatively costly. The study found 
that the rates for publication in daily newspapers in large 
metropolitan areas vary from $2,800 (Sacramento Bee) to $3,500 (Houston 
Chronicle). Publication costs for small rural newspapers are 
significantly less. In general, it costs about $3,000 for ads in large 
daily newspapers and often less than $100 or free for small rural 
newspapers according to the research conducted. Also, based on 
information provided by seven EPA regions for the research, it is 
estimated that the average cost per public notice was $884 at that 
time. The print newspaper ads ranged from an average of $352-$1,550 
across the different EPA Regions. OSRTI's study also noted that 
circulation of newspapers is shrinking, so even when

[[Page 71490]]

newspapers are available, readership is decreasing on average. The 
EPA's recommendation in that study was that the community is better 
served with a strategic approach that uses communication and outreach 
methods that are best suited to the community and situation. The PSD 
\37\ and NPDES \38\ rulemakings (mentioned previously in this section) 
included a discussion in their preambles on the estimated costs and 
program savings of amending regulations to use internet-based notice 
versus newspaper.
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    \36\ EPA Office of Superfund Remediation and Technology 
Innovation. U.S. EPA Regional Practices/Experiences with Publication 
of Notices during the Superfund Process. 2015. Accessed via: https://downloads.regulations.gov/EPA-HQ-SFUND-2014-0620-0009/content.docx.
    \37\ 81 FR 71613, page 71623.
    \38\ 84 FR 3324, page 3334.
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    The Agency sees all the above reasons as providing a strong case 
that EPA and authorized states need the flexibility to provide notice 
of the intent to issue permits--and to take other actions--through 
vehicles other than print newspapers. EPA believes significant benefits 
will be realized by recognizing that qualifying online newspapers 
satisfy the newspaper requirement of RCRA section 7004(b)(2). EPA 
believes significant additional benefits would be realized if online 
newsletters or bulletins published by permitting agencies could satisfy 
the requirement as well (see Section VI.B for the discussion on online 
newsletters or bulletins).

VI. Clarify Statutory and Regulatory Requirements for Newspaper Notice 
of RCRA Permitting and Other Actions

A. Online Newspapers That Are Local and of General Circulation Satisfy 
RCRA and Regulatory Requirements

    EPA believes that online newspapers can qualify as ``newspapers'' 
within the meaning of RCRA section 7004(b)(2) and EPA's regulations. In 
addition, EPA believes that such newspapers can satisfy the criteria of 
being ``major,'' ``local,'' and ``of general circulation.''
    There is no reason, in EPA's view, that an online publication 
cannot be considered a newspaper. The term ``online newspaper,'' for 
the purposes of this document, refers to any electronic or internet-
accessible newspaper. While definitions of ``newspaper'' vary, a fairly 
standard definition is found in the online Cambridge Dictionary: ``a 
regularly printed document consisting of large sheets of paper that are 
folded together, or a website, containing news reports, articles, 
photographs, and advertisements.'' \39\ Dictionary.com defines 
newspaper as: ``1. A printed publication issued at regular and usually 
close intervals, especially daily or weekly, and commonly containing 
news, comment, features, and advertising. . . . 4. an online version of 
a newspaper.'' \40\ A number of federal and state cases refer to 
``online newspapers'' or ``internet newspapers,'' in acknowledgement 
that such publications are widely referred to and considered to be 
newspapers, e.g., Act Now to Stop War v. D.C., 846 F.3d 391, 401 (D.C. 
Cir. 2017). The EPA's PSD rulemaking discussed above treats both 
``print and digital'' newspapers as newspapers (81 FR 71621). Some 
well-known, formerly printed newspapers have transitioned to online-
only format (e.g., the Seattle Post-Intelligencer), and EPA believes 
these publications are widely considered and referred to as newspapers. 
Moreover, some statutes requiring notice in newspapers specify that the 
newspapers be ``printed,'' whereas RCRA section 7004(b)(2) does not 
specify ``print'' newspapers. See case discussion in What constitutes 
newspaper of ``general circulation'' within meaning of state statutes 
requiring publication of official notices and the like in such 
newspaper, 24 A.L.R. 4th 822 section 11[a]. In short, EPA believes an 
online publication that has the kinds of characteristics identified in 
standard definitions of ``newspaper'' qualifies as a newspaper within 
the meaning of section 7004(b)(2).
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    \39\ See https://dictionary.cambridge.org/us/dictionary/english/newspaper.
    \40\ See https://www.dictionary.com/browse/newspaper.
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    Furthermore, EPA believes an online newspaper can meet the 
additional section 7004(b)(2) and corresponding regulatory elements. As 
with the term ``newspaper,'' definitions of ``newspaper of general 
circulation'' vary. Discussion of the term in a number of judicial 
cases has been summarized as:

    A newspaper of general circulation is one that circulates among 
all classes and is not confined to a particular class or calling in 
the community, and is a term generally applied to a newspaper to 
which the general public will resort in order to be informed of the 
news and intelligence of the day, editorial opinion, and 
advertisements, and thereby to render it probable that the notices 
or official advertising will be brought to the attention of the 
general public. A newspaper of ``general circulation'' has also been 
described as one that contains news of general interest to the 
community and reaches a diverse readership.\41\
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    \41\ 66 C.J.S. Newspapers section 4 (1998).

    EPA sees no reason that an online newspaper cannot qualify as a 
newspaper of general circulation. Nor is EPA aware of a reason that an 
online newspaper cannot qualify as ``major'' and ``local.''
    It is not the purpose of this notice to specify the criteria for 
determining what online (or print) newspapers qualify as major, local, 
and of general circulation. Rather, this notice conveys EPA's 
interpretation that a newspaper is not disqualified from meeting those 
elements simply because it is online.
    While this notice does not specify criteria in this regard, it does 
convey EPA's view that the section 7004(b)(2) terms should be construed 
broadly in determining whether an online (or print) newspaper 
qualifies, to meet the intent of the statutory provision. Congress 
added this section to RCRA so that people who live in the vicinity of a 
proposed hazardous waste management facility would have notice of the 
intended issuance of permits and thereby ``have the opportunity to have 
their opinions heard before a permit to build a hazardous chemical 
waste site is issued.'' \42\ This objective could be frustrated by a 
narrow reading of the statutory text.
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    \42\ Floor Debate on H.R. 3994, February 20, 1980, A Legislative 
History of the Solid Waste Disposal Act, as Amended, S. Prt. 102-35, 
Vol. 1 at 1082.
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    As shown above in Section V, notice methods other than print 
newspapers are likely to be more effective in the current media 
environment in many communities, and this reality will only become more 
pronounced as the public increasingly turns to online news and 
information sources. While the EPA and authorized states must comply 
with section 7004(b)(2), the EPA will interpret its text in way that is 
most likely to effectively provide timely and meaningful notice to 
citizens potentially impacted by permitted facilities in an 
increasingly digital world.
    Moreover, a narrow reading of the statutory text could make 
issuance of permits impossible in many communities--a result that 
Congress surely did not intend and that the statutory language does not 
compel. EPA and authorized states must publish notice of their 
intention to issue each RCRA Subtitle C permit in a major local 
newspaper of general circulation. And yet, as shown above, many 
communities no longer have newspapers that would likely have 
traditionally considered to be ``local.'' Thus, as a practical matter, 
section 7004(b)(2) must be interpreted flexibly to ensure that EPA and 
authorized states can continue to issue permits while providing 
compliant notice.
    EPA's discussion in this section about online newspapers satisfying 
the requirement for newspaper notice applies to notice for permit 
actions other than permit issuance, in addition to the agency's notice 
of permit issuance covered under 7004(b)(2) specified

[[Page 71491]]

above. More broadly, this discussion and interpretation applies to all 
RCRA regulatory requirements for ``newspaper'' notice. For example, it 
applies to the requirement that EPA publish notice of its decision to 
approve revisions to a state's authorized program under RCRA ``in 
enough of the largest newspapers in the State to attract statewide 
attention'' per 40 CFR 271.21(b)(3)(i)(B) and (b)(4)(i)(B). Simply put, 
EPA believes that the term ``newspaper'' is commonly understood to 
refer to online as well as print newspapers and that the benefits of 
the flexibility to use online as well as print newspapers apply 
regardless of the specific purpose of the notice. These interpretations 
apply to all EPA regulations that require ``newspaper'' notice of RCRA 
permit actions, of course, whether or not the action is governed by 
RCRA 7004(b)(2).
    The EPA welcomes comment on the interpretation that notice of the 
intent to issue RCRA permits in online newspapers that are major, local 
and of general circulation satisfies RCRA section 7004(b)(2) and the 
corresponding EPA regulatory requirements, and that online newspapers 
generally qualify as ``newspapers'' under Subtitle C regulations 
requiring newspaper notice. The EPA intends to operate under this 
interpretation in the meantime, because it does not believe the 
interpretation should be controversial and because it does not see a 
good basis to operate under a more restrictive interpretation. States 
with similar authorized regulations \43\ may also implement an 
interpretation similar to EPA's without seeking authorization if no 
state regulatory changes are made. However, EPA will consider any 
comments received and may either affirm the interpretation or revise it 
following review of any comments. Also, EPA welcomes comment on whether 
it should clarify the inclusion of ``online newspapers'' by amending 
its regulations that require newspaper notice for permit and other 
actions.
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    \43\ For example, if a state is authorized for public notice 
criteria with similar criteria to ``publication of a notice in a 
daily or weekly major local newspaper of general circulation'' as 
stated in 40 CFR 124.10(c)(2)(ii), they could use the same 
interpretation.
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    Note that this interpretation does not prohibit authorized states 
and EPA from publishing notices in print newspapers; rather, this 
interpretation clarifies the flexibility afforded by the statutory and 
EPA regulatory text. The EPA encourages permitting agencies to satisfy 
the statutory and regulatory newspaper requirements in a manner that 
provides the most effective public notice mechanisms for a specific 
community. Section V.A describes the importance of adapting public 
notice methods to the local community and the importance of doing 
appropriate research and outreach to determine what combination, of the 
many methods available, will work best for a given community. In some 
situations, notice in both print and online newspapers will likely make 
the most sense. However, EPA recognizes that permitting agencies often 
have limited funds for notification and wish to have the most effective 
notice with their limited funds, and in some situations the print 
version is an additional cost with limited circulation. As mentioned in 
Section V.B, some state permitting agencies find print newspaper notice 
ineffective and expensive.44 45 See additional background on 
the notification costs in Section V.C and Section VI.B.
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    \44\ Dunn, R.E. Georgia Environmental Protection Division's 
Comments on EPA's Proposed Evaluation of Existing Regulations. 
Letter for Docket EPA-HQ-OA-2017-0190. 2017.
    \45\ Davis, P.D. Recommendation for Consideration under 
Executive Order 13777 on `Enforcing the Regulatory Reform Agenda'. 
Letter for Docket EPA-HQ-OA-2017-0190. 2017.
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    In addition, the EPA notes that newspapers are just one of several 
public participation vehicles used by states and EPA in engaging 
communities; newspaper notice is required by statute for permit 
issuance, but other vehicles can certainly be used in addition to 
newspaper notice and be more efficient.

B. Request for Comment on Whether Online EPA or State Newsletters/
Bulletins Would Satisfy RCRA and Regulatory Requirements

    The Agency is considering and requests comment on whether online 
newsletters or bulletins published by permitting agencies could qualify 
as newspapers under EPA regulations, and specifically whether they 
could qualify under RCRA section 7004(b)(2) and corresponding 
regulations as major local newspapers of general circulation. While EPA 
believes significant benefits can be realized by providing notice in 
online versions of traditional newspapers as compared to print 
newspapers, EPA also believes that further gains in the quality and 
efficiency of notice would be achieved in many communities if RCRA 
section 7004(b)(2) and the EPA regulations were interpreted as allowing 
for notices posted in appropriate vehicles on agency websites.
    EPA has previously recognized the significant notice benefits that 
can be realized through the posting of notices on agency websites, as 
compared to notices in traditional newspapers. For example, in the 
previously referenced PSD (81 FR 71613, October 18, 2016) and NPDES 
rulemakings (84 FR 3324, February 12, 2019), EPA recognized that online 
formats can provide more efficient and effective notice for permitting 
programs in those rulemakings. The PSD change was supported by findings 
on newspaper readership decline, statistics on the increase of internet 
usage (and wide availability of internet in public libraries), cost, 
and other rationale. The rulemaking preamble stated that all state and 
local agency commenters generally supported the proposal and summarized 
the benefits of e-notice as follows: \46\
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    \46\ 81 FR 71613, page 71620.

    (1) Significantly improve communication with the public on 
permit actions in comparison to a one-day newspaper notice; (2) 
result in broader and better informed public participation; (3) 
reduce costs and conserve air agency resources; (4) improve public 
access by making permit actions immediately available through 
convenient and reliable electronic media outlets; (5) improve 
communication with environmental justice (EJ) communities and other 
target audiences; (6) allow for information to be made available for 
an extended time period; and (7) provide flexibility for permitting 
agencies and sources by avoiding time delays associated with 
newspaper publication and allowing for faster correction of errors 
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and rescheduling of events.

    Prior to those rulemakings, in 2011, the EPA issued the Tribal New 
Source Review (NSR) rules that contained, among other things, 
requirements for noticing of permits in Indian Country that provided 
for options other than newspaper and print media (76 FR 38748, July 1, 
2011). The July 2011 Tribal NSR rule provides options such as web 
posting and email lists among the methods that the permitting agency 
may use to provide adequate public notice of such permits.
    The benefits EPA identified in these rulemakings apply with equal 
force to RCRA permitting, and also largely apply to notice of other 
implementation actions under the Subtitle C regulations. For example, 
publication of permit notices in online bulletins or newsletters 
published by state environmental agencies would further reduce costs 
and processing time for permitting agencies, as they would have greater 
control over posting and updating public notices. The online sites 
could also easily make the information available for the entire time

[[Page 71492]]

the notice is applicable (versus the typical one-time publication in a 
print newspaper, since it can be inordinately costly to run the ad for 
the entire public comment period and is not required). See additional 
information on cost in Section V.C. States and the EPA could provide 
greater context for the notice, for example, linking to applicable 
permitting documents. In addition, it is reasonable to assume the 
public, seeking information about hazardous waste facilities permitted 
by a state or the EPA, would naturally seek information from the state 
or the EPA websites directly. News bulletins published by state 
environmental agencies could allow the public a central place to find 
and subscribe to all environmental news affecting their locality. State 
RCRA hazardous waste permitting agencies have strongly supported 
modernizing the public notice requirements under their authorized 
programs and have raised the issue to the EPA for many years (see 
discussion and examples in Section V). The RCRA state programs have 
also raised the issue that print newspapers are not available in all 
communities (see examples and discussion in Section V.B).
    Candidly, EPA views the section 7004(b)(2) newspaper requirement as 
anachronistic. It seems likely that, if the provision were being 
drafted today, Congress would not require this notice method for every 
permit issuance, in view of the rise of online information and news 
sources and the disappearance of local newspapers. Were it not for 
section 7004(b)(2), EPA would most likely move toward the broader range 
of flexibility for RCRA permitting that it created for PSD and NPDES 
permitting, which utilize web postings for the notice (see Section 
V.C). In view of this provision of RCRA, however, EPA intends to 
utilize and provide for the broadest degree of flexibility the text can 
afford.
    Courts and other authorities have acknowledged that the line 
between newspapers and other publications is difficult to draw.\47\ 
Moreover, there is a range of definitions of ``newspaper of general 
circulation.'' In a holding typical of a number of decisions, a court 
has stated that, in determining whether a publication qualifies as a 
newspaper of general circulation under a statute, ``the ultimate 
consideration'' is whether the publication ``fulfills the purpose 
underlying [the] statute . . . --to give notice to the general 
public.'' \48\ The EPA believes online newsletters and bulletins could 
potentially qualify as newspapers of general circulation for purposes 
of section 7004(b)(2) if they fulfill the purpose of effectively 
providing notice to the affected community.
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    \47\ See, e.g., Old Principles, New Technology, and the Future 
of Notice in Newspapers, 38 Hofstra L. Rev. 1009, 1028 (``As defined 
by ordinary dictionaries, the term `newspaper' is ambiguous. 
Likewise, no universal legal definition of `newspaper' exists'').
    \48\ City of Postville v. Upper Explorerland Regional Planning 
Commision, 834 N.W. 2d 1 (IA 2013).
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    EPA recognizes that Agency web postings would probably not commonly 
be referred to as newspapers. Publications understood to be newspapers 
are typically generated by private companies, rather than by government 
agencies. However, courts have treated publications of the Army News 
Service, which is part of the Army's Command Information Program, as 
newspapers.\49\ Thus, EPA does not believe publication by a federal 
agency bars an information source from being considered a newspaper.
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    \49\ See, e.g., Bryant v. Sec'y of Army, 862 F. Supp. 574, 576 
(D. D.C. 1994) (reviewing claims relating to The Pentagram and The 
Stripe--both classified as Civilian Enterprise Newspapers).
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    EPA has identified examples of web-based bulletins and newsletters 
published by state environmental agencies that satisfy key criteria 
identified in case law and other sources to identify newspapers of 
general circulation. A summary of such criteria from Corpus Juris 
Secundum (CJS) is quoted above. A similar summary is provided in 
Black's Law Dictionary, which defines ``newspaper of general 
circulation'' as:

    A newspaper that contains news and information of interest to 
the general public, rather than to a particular segment, that is 
available to the public within a certain geographic area, that is 
circulated mostly to paid subscribers, and that has been 
continuously serving the same readership area for a specified time.

    Applying the kinds of criteria found in the definitions, EPA has 
identified online bulletins and newsletters published by some state 
environmental agencies that:
     Contain news and information of interest to the general 
public, rather than to a particular segment. Members of the public 
generally have interest in environmental and land use issues affecting 
the community, and the postings of environmental agency bulletins and 
newsletters generally are not targeted to a particular segment of the 
population. Along these lines, some state bulletins and newsletters 
appear on websites that contain information on a broad range of public 
lands, recreational and other environmental and conservation-related 
matters as well as information on specific permitting actions.
     Have been continuously serving the same readership for an 
extended period and are widely recognized in the state as reliable 
sources of information on environmental developments and issues. These 
sources are therefore likely to be consulted for such information, such 
that it is probable that notices appearing in them will be brought to 
the attention of the interested public.
     Are available to subscribers, in addition to the public 
more generally, through Listservs.
     Publish at regular, short intervals.
    Courts have held newspapers to be of general circulation for the 
purpose of a particular type of notice where they were of interest to 
the part of the community likely to be concerned with the subject of 
the notice in question and/or have a reputation for carrying a 
particular type of notice. This consideration would militate in favor 
of considering well-established online state environmental bulletins 
and newsletters to be newspapers of general circulation.
    Moreover, EPA has identified online bulletins and newsletters that 
can be viewed as ``local.'' They are specific to the state, and some 
divide the notices within the state into regions (for example, by 
county or city). Their circulation may not be limited to particular 
localities in the same way as traditional local print newspapers; but, 
again, many communities do not have such traditional local newspapers 
in any format. And these bulletins can be considered ``major,'' because 
they have a large number of subscribers and are widely known in the 
state as the best source for information on environmental permits and 
other environmental issues.
    EPA recognizes that web-based agency environmental bulletins will 
likely not have all of the elements identified in the various 
definitions of ``newspaper of general circulation.'' For example, the 
summary provided in CJS identifies ``editorial opinion, and 
advertisements'' as elements. However, there is no definitive 
definition of ``newspaper of general circulation,'' and the various 
definitions differ. Accordingly, courts have held that newspapers that 
lack some of the features identified in some definitions nonetheless 
qualify as newspapers of general circulation.\50\ RCRA section

[[Page 71493]]

7004(b)(2) does not prescribe specific characteristics that a newspaper 
must have to qualify under the general statutory language, and it 
should therefore be interpreted flexibly to accomplish the underlying 
purpose of providing effective notice to the public. EPA is 
specifically requesting comment regarding whether online bulletins or 
newsletters published by state or EPA permitting agencies can be 
considered major local newspapers of general circulation and, if so, 
what attributes they should possess to be considered as such. EPA will 
not implement such an interpretation until after comments are received 
and assessed (but with regard to permit actions that are not under 
section 7004(b)(2), see the approach outlined in Section VII). Also, 
EPA welcomes comments on whether it should propose to amend the 
permitting public notice regulations to address the use of agency 
newsletters and bulletins. (Note, other options will continue to be 
available, see Section V.A on site-specific assessment for notification 
and outreach for permit issuance and other actions outlined in the 2016 
RCRA Public Participation Manual.\51\)
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    \50\ See, e.g., 24 A.L.R. 4th 822 section 4[a] (citing caselaw 
holding that a publication qualified as a newspaper of general 
circulation despite containing no editorials, because the governing 
statute did not require that the newspaper contain editorials).
    \51\ EPA Office of Land and Emergency Management. Resource 
Conservation and Recovery Act Public Participation Manual. 2016. 
530-R-16-013, Chapter 5. Accessed via: https://www.epa.gov/sites/default/files/2019-09/documents/final_rcra_ppm_updated.pdf.
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VII. Newspaper Notice Requirements for Permitting Actions That Are Not 
Subject to RCRA Section 7004(b)(2)

    RCRA section 7004(b)(2) applies only to notice of a state agency's 
or EPA's intention to issue \52\ a RCRA permit. However, as stated 
above, EPA regulations impose newspaper notice requirements on a 
broader range of permitting actions. Examples include the following:
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    \52\ RCRA Permit ``issuance'' includes the issuance of RCRA 
permit renewals (as discussed in Section IV) in addition to initial 
permit issuance.
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     Class 3 modifications (Sec.  124.10(c)(2)(ii)) and Agency-
initiated modifications (Sec. Sec.  270.41, 124.5, and 
124.10(c)(2)(ii));
     Permit modification requests by the permittee per 
Sec. Sec.  270.42(b)(2) and (c)(2));
     Requirement to list annual permit modification approvals 
in a statewide newspaper (Sec.  270.42(i));
     Permit denials (Sec.  124.1(a)); and
     Any other newspaper notice required under RCRA Subtitle C 
that are not for the permitting agency's intention to issue a RCRA 
permit.
    EPA regulations also require newspaper notice for actions and 
events other than permitting actions. For example, the regulations in 
40 CFR 271.21(b)(3)(i)(B) and (b)(4)(i)(B)) require EPA to provide 
notice of state authorization decisions in state newspapers.
    When the EPA is the permitting agency, the EPA must adhere to these 
requirements. Although authorized states are subject to the section 
7004(b)(2) requirement for the issuance of permits, they are not 
subject to the 40 CFR part 124 regulatory requirements; rather, they 
are subject to the analogous authorized text in their regulatory 
requirements. Authorized state permitting requirements must be 
equivalent to and no less stringent than the federal program, but they 
need not be identical (see the note \53\ in the regulations at 40 CFR 
271.14). As explained in Section VI.B above, the EPA believes that 
online forms of notice (including state newsletters/bulletins) are 
likely to be more effective than notice in traditional print newspapers 
in many communities. Consequently, if authorized states interpret their 
existing authorized regulations as allowing for such flexibility for 
notices not subject to section 7004(b)(2), EPA would generally not view 
that as creating an issue as to the equivalence of the state program as 
long as they provide for notice that is likely to be as effective as or 
more effective than the notice required by the federal regulations. If 
states must amend their regulations to provide this flexibility, EPA 
believes that these regulations are likely to be equivalent to the 
federal program.
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    \53\ 40 CFR 271.14 Note: ``States need not implement provisions 
identical to the above listed provisions. Implemented provisions 
must, however, establish requirements at least as stringent as the 
corresponding listed provisions.''
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    Finally, EPA requests comment on whether it should amend its public 
notice regulations to clarify options for public noticing permit 
actions and other actions (except for permit issuance), which are not 
governed by RCRA 7004(b)(2). EPA does not envision regulatory changes 
to preclude newspaper notice where it is appropriate, but the Agency is 
interested in the public's views as to whether the regulations should 
allow for a broader range of notice mechanisms, including web postings, 
where appropriate for the community and circumstances. As discussed in 
the preceding paragraph, such amendments are not necessary to afford 
authorized states this flexibility, and most permit actions are 
undertaken by authorized states.

VIII. Environmental Justice and Civil Rights Considerations

    The EPA has carefully considered the principles of equity in 
developing this notice to ensure equity and accessibility and to 
increase transparency to marginalized communities. The principle of 
equity focuses on ensuring that all communities have access to 
equitable environmental and public health benefits and a meaningful 
opportunity to participate in decision making. This includes 
communities of color and low-income communities as well as people with 
limited English proficiency and with disabilities. As noted by the EPA 
Administrator ``[t]oo many communities whose residents are 
predominantly of color, Indigenous, or low-income continue to suffer 
from disproportionately high pollution levels and the resulting adverse 
health and environmental impacts.'' In an effort to increase EPA's 
protective measures, activities, and programs in new and creative ways 
in communities with environmental justice concerns, the EPA carefully 
evaluated the potential effect of the interpretations presented in this 
notice on underserved communities with EJ concerns. In addition, EPA 
considered the interpretations presented in this notice in light of the 
federal civil rights laws that apply to recipients of EPA financial 
assistance.
    Public notices represent one of the regular and official channels 
of communication with communities burdened with environmental justice 
concerns. The RCRA Expanded Public Participation Rule \54\ enhanced 
public involvement in the RCRA permit process by requiring permitting 
agencies (e.g., EPA or the authorized state) to expand procedural 
opportunities for public participation earlier in the process and 
during key milestones for communities affected by RCRA permits. The 
effectiveness of noticing methods for reaching marginalized communities 
and communities with environmental justice concerns is a substantial 
concern to the EPA. As noted in Section V.C, the loss of newspapers is 
disproportionate. The 2020 UNC Hussman report concluded that, in the 
past 15 years, the U.S. has lost one-fourth (2,100) of its newspapers 
and most of these losses were sustained in economically struggling 
communities. The economic fallout from the COVID-19 pandemic has 
dramatically increased the decline. To ensure the most meaningful 
public participation in the issuance of RCRA permits and other RCRA 
permit actions, EPA finds it necessary to consider

[[Page 71494]]

modern tools and methods for public notice and outreach, as discussed 
in this notice, to reflect substantial changes in technology, the 
media, and the way different segments of the public access information.
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    \54\ 60 FR 63417, December 11, 1995.
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    According to the final National Environmental Justice Advisory 
Council (NEJAC), EJ in Permitting Subgroup Report,\55\ the publication 
in the legal section of a regional print newspaper is antiquated, 
ineffective, and is not ideal for providing notice to low-income and 
minority communities. Regarding public participation, the report 
recommends the following to the EPA: ``To ensure meaningful public 
participation, the public notice and outreach process must include 
direct communication in appropriate languages through telephone calls 
and mailings to EJ and tribal communities, press releases, radio 
announcements, electronic and regular mail, website postings and the 
posting of signs.'' EPA finds today's notice consistent with the 
report's recommendations in that EPA intends to provide for the full 
range of flexibility allowed by RCRA and EPA regulations to satisfy the 
public notice requirements.
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    \55\ National Environmental Justice Advisory Council. Enhancing 
Environmental Justice in EPA Permitting Programs. A Report of Advice 
and Recommendations. 2011, pages 20-21. Accessed via: https://www.epa.gov/sites/production/files/2015-02/documents/ej-in-permitting-report-2011.pdf.
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    In the 2016 PSD rulemaking described above, commenters noted that 
modernizing notification processes to provide for electronic notice 
would be more efficient and convenient for communicating permitting-
related information to the public, including communities with 
environmental justice concerns. Several commenters supported the EPA's 
conclusion that because there have been substantial changes in 
technology, the media, and the way the public access media, electronic 
notifications are more effective means of public notification than 
newspaper publication. Commenters note that this conclusion applied not 
only to the public in general, but also for communities with 
environmental justice concerns. One commenter noted that overburdened 
communities today obtain and share more information through the 
internet than through newspaper circulation. The comments also 
confirmed that some districts have already been encouraged to provide 
electronic notice by EJ advocates, noting that such notices improve the 
level of available information and customer service offered to the 
public, including marginalized communities, by allowing the district to 
immediately make available permitting action notices in languages other 
than English. To that point, the commenter explained that public 
outreach initiatives cannot be nearly as effective with just 
traditional newspaper notification. The EPA agreed with the commenters 
and found that electronic notice and electronic access have been an 
effective and convenient way to communicate permitting-related 
information to the public.\56\
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    \56\ EPA recognizes that such electronic vehicles may not be 
effective for some segments of the public at some facilities.
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    As marginalized communities impacted by environmental justice 
concerns and other targeted audiences shift away from traditional news 
and information vehicles and increase their use of the web-based 
resources for information, the option for electronic noticing public 
notices could improve communication and increase the public's 
participation in the RCRA permit process for some of these communities.

IX. Do guidance documents contain binding requirements?

    The contents of this document do not have the force and effect of 
law and are not meant to bind the public in any way. This document is 
intended only to provide clarity to the public regarding existing 
requirements under the law or agency policies.

    Dated: December 10, 2021.
Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2021-27252 Filed 12-15-21; 8:45 am]
BILLING CODE 6560-50-P