Florida: Final Authorization of State Hazardous Waste Management Program Revisions, 54398-54401 [2022-19199]
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54398
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R04–RCRA–2022–0259; FRL–10134–
02–R4]
Florida: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Final action.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action on the authorization of Florida’s
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). These changes
were outlined in an application to the
EPA and correspond to certain Federal
rules promulgated between July 1, 1987
and June 30, 2020. We have determined
that these changes satisfy all
requirements needed for final
authorization.
SUMMARY:
This authorization is effective on
November 7, 2022 without further
notice, unless the EPA receives adverse
comment by October 6, 2022. If the EPA
receives adverse comment, we will
publish a timely withdrawal of this
direct final action in the Federal
Register informing the public that the
authorization will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
RCRA–2022–0259, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. 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.
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DATES:
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The EPA encourages electronic
submittals, but if you are unable to
submit electronically or need other
assistance, please contact Leah Davis,
the contact listed in the FOR FURTHER
INFORMATION CONTACT section. Please
also contact Leah Davis if you need
assistance in a language other than
English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you.
All documents in the docket are listed
in the www.regulations.gov index.
Publicly available docket materials are
available electronically in
www.regulations.gov. For alternative
access to docket materials, please
contact Leah Davis, the contact listed in
the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT:
Leah Davis; RCRA Programs and
Cleanup Branch; Land, Chemicals and
Redevelopment Division; U.S.
Environmental Protection Agency;
Atlanta Federal Center, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960;
telephone number: (404) 562–8562; fax
number: (404) 562–9964; email address:
davis.leah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is the EPA using a direct final
action?
The EPA is publishing this action
without a prior proposed rule because
we view this as a noncontroversial
action and anticipate no adverse
comment. This action is a routine
program change. However, in the
‘‘Proposed Rules’’ section of this issue
of the Federal Register, we are
publishing a separate document that
will serve as the proposed rule allowing
the public an opportunity to comment.
We will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For further information about
commenting on this action, see the
ADDRESSES section of this document.
If the EPA receives comments that
oppose this authorization, we will
withdraw this action by publishing a
document in the Federal Register before
the action becomes effective. The EPA
will base any further decision on the
authorization of the state program
changes on the proposal mentioned in
the previous paragraph. We will then
address all public comments in a later
final action.
II. Why are revisions to state programs
necessary?
States that have received final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
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maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, states must change their
programs and ask the EPA to authorize
the changes. Changes to state programs
may be necessary when Federal or state
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, states must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273, and 279.
New Federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA)
take effect in authorized states at the
same time they take effect in
unauthorized states. Thus, the EPA will
implement those requirements and
prohibitions in Florida, including the
issuance of new permits implementing
those requirements, until the State is
granted authorization to do so.
III. What decisions has the EPA made
in this action?
Florida submitted a complete program
revision application (PRA), dated
September 1, 2021, and an amendment
to the PRA, dated June 24, 2022, seeking
authorization of changes to its
hazardous waste program corresponding
to certain Federal rules promulgated
between July 1, 1987 and June 30, 2020
(including Non-HSWA Cluster 1 IV
(Checklist 2 24.1 only), HSWA Cluster II
(Checklist 44D only), RCRA Clusters
VIII (Checklist 167B only), X (Checklists
182 and 182.1), XI (Checklist 190 only),
XV (Checklists 206.1 and 207.1), and
XXVIII (Checklist 242). The EPA
concludes that Florida’s application to
revise its authorized program meets all
of the statutory and regulatory
requirements established under RCRA,
as set forth in RCRA section 3006(b), 42
U.S.C. 6926(b), and 40 CFR part 271.
Therefore, the EPA grants Florida final
authorization to operate its hazardous
waste program with the changes
described in the authorization
application, and as outlined below in
Section VI of this document.
Florida has responsibility for
permitting treatment, storage, and
disposal facilities within its borders
1 A ‘‘cluster’’ is a grouping of hazardous waste
rules that the EPA promulgates from July 1st of one
year to June 30th of the following year.
2 A ‘‘checklist’’ is developed by the EPA for each
Federal rule amending the RCRA regulations. The
checklists document the changes made by each
Federal rule and are presented and numbered in
chronological order by date of promulgation.
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Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Rules and Regulations
V. What has Florida previously been
authorized for?
Florida initially received final
authorization on January 29, 1985,
effective February 12, 1985 (50 FR
3908), to implement the RCRA
hazardous waste management program.
IV. What is the effect of this
The EPA granted authorization for
authorization decision?
changes to Florida’s program on the
The effect of this decision is that the
following dates: December 1, 1987,
changes described in Florida’s
effective March 3, 1988 (52 FR 45634);
authorization application will become
December 16, 1988, effective January 3,
part of the authorized State hazardous
1989 (53 FR 50529); December 14, 1990,
waste program and will therefore be
effective February 12, 1991 (55 FR
federally enforceable. Florida will
51416); February 5, 1992, effective April
continue to have primary enforcement
6, 1992 (57 FR 4371); February 7, 1992,
authority and responsibility for its State effective April 7, 1992 (57 FR 4738);
hazardous waste program. The EPA will May 20, 1992, effective July 20, 1992 (57
maintain its authorities under RCRA
FR 21351); November 9, 1993, effective
sections 3007, 3008, 3013, and 7003,
January 10, 1994 (58 FR 59367); July 11,
including its authority to:
1994, effective September 9, 1994 (59
• Conduct inspections, and require
FR 35266); April 16, 1994, effective
monitoring, tests, analyses, and reports; October 17, 1994 (59 FR 41979); October
• Enforce RCRA requirements,
26, 1994, effective December 27, 1994
including authorized State program
(59 FR 53753); April 1, 1997, effective
requirements, and suspend or revoke
June 2, 1997 (62 FR 15407); January 20,
permits; and
1998, effective March 23, 1998 (63 FR
• Take enforcement actions regardless 2896); September 18, 2000, effective
of whether the State has taken its own
November 18, 2000 (65 FR 56256);
actions.
August 23, 2001, effective October 22,
2001 (66 FR 44307); August 20, 2002,
This action does not impose
effective October 21, 2002 (67 FR 53886
additional requirements on the
and 67 FR 53889); October 14, 2004,
regulated community because the
effective December 13, 2004 (69 FR
regulations for which the EPA is
authorizing Florida are already effective 60964); August 10, 2007, effective
October 9, 2007 (72 FR 44973); February
under State law and are not changed by
7, 2011, effective April 8, 2011 (76 FR
this action.
(except in Indian country, as defined at
18 U.S.C. 1151) and for carrying out the
aspects of the RCRA program described
in its program revision application,
subject to the limitations of HSWA, as
discussed above.
54399
6564); October 8, 2014, effective
December 8, 2014 (79 FR 60756);
February 22, 2019 (Proposed), effective
May 10, 2019 (84 FR 20549); and
February 25, 2020, effective June 1, 2020
(85 FR 33026). The authorized Florida
program, through RCRA Cluster IV, was
incorporated by reference into the CFR
on January 20, 1988, effective March 23,
1998 (63 FR 2896).
VI. What changes is the EPA
authorizing with this action?
Florida submitted a complete program
revision application, dated September 1,
2021, and an amendment to the PRA,
dated June 24, 2022, seeking
authorization of changes to its
hazardous waste management program
in accordance with 40 CFR 271.21. This
application included changes associated
with Checklist 242. Additionally, the
amendment to the PRA included
changes associated with older
Checklists 24.1, 44D, 167B, 182, 182.1,
190, 206.1, and 207.1.3 The EPA has
determined, subject to receipt of written
comments that oppose this action, that
Florida’s hazardous waste program
revisions are equivalent to, consistent
with, and no less stringent than the
Federal program, and therefore satisfy
all of the requirements necessary to
qualify for final authorization.
Therefore, the EPA grants final
authorization to Florida for the
following program changes:
Description of Federal requirement
Federal Register
date and page
Analogous state authority 1
Checklist 24.1, Closure/Post-Closure and Financial Responsibility Requirements 2.
Checklist 44D, EPA Administered Permit Programs: The
Hazardous Waste Permit Program.
Checklist 167B, Land Disposal Restrictions Phase IV—
Hazardous Soils Treatment Standards and Exclusions.
Checklists 182 and 182.1, NESHAPS: Final Standards
for Hazardous Air Pollutants for Hazardous Waste
Combustors (MACT Rule).
Checklist 190, Deferral of Phase IV Standards for PCBs
as a Constituent Subject to Treatment in Soil.
Checklist 206.1, Nonwastewaters from Dyes and Pigments Correction.
Checklist 207.1, Uniform Hazardous Waste Manifest Correction.
Checklist 242, Universal Waste Regulations: Addition of
Aerosol Cans.
53 FR 7740, 3/10/1988 ....
52 FR 45788, 12/1/1987 ..
62–730.020(1); 62–730.180(1)–(2); 62–730.220(1); 62–
730.290(4).
62–730.290.
63 FR 28556, 5/26/1988 ..
62–730.183.
64 FR 52827, 9/30/1999;
64 FR 63209, 11/19/
1999.
65 FR 81373, 12/26/2000
62–730.020(1); 62–730.030(1); 62–730.180(1)–(2); 62–
730.181(1); 62–730.220(1); 62–730.290(4).
70 FR 35032, 6/16/2005 ..
62–730.030(1); 62–730.183.
70 FR 35034, 6/16/2005 ..
62–730.020(1); 62–730.030(1); 62–730.160(1); 62–
730.170(1); 62–730.180(1)–(2).
62–730.020(1); 62–730.030(1); 62–730.180(1)–(2); 62–
730.183; 62–730.220(1); 62–730.185(1).
84 FR 67202, 12/9/19 ......
62–730.183.
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Notes
1 The Florida regulatory citations are from the Florida Administrative Code (F.A.C.), effective October 30, 2020.
2 The amendments made by Checklist 24.1 corrected errors in the preamble to the underlying Federal rule at 51 FR 16422 (May 2, 1986).
Florida properly adopted the required changes made by Checklist 24 and was previously authorized for those changes. We are including Checklist 24.1 in this authorization for completeness.
3 Florida previously adopted these older Federal
rules associated with these checklists but has not
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yet been authorized for them. For completeness, the
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EPA is authorizing Florida for these older checklists
now.
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Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Rules and Regulations
VII. Where are the revised State rules
different than the Federal rules?
When revised state rules differ from
the Federal rules in the RCRA state
authorization process, the EPA
determines whether the state rules are
equivalent to, more stringent than, or
broader in scope than the Federal
program. Pursuant to RCRA section
3009, 42 U.S.C. 6929, state programs
may contain requirements that are more
stringent than the Federal regulations.
Such more stringent requirements can
be federally authorized and, once
authorized, become federally
enforceable. Although the statute does
not prevent states from adopting
regulations that are broader in scope
than the Federal program, states cannot
receive authorization for such
regulations, and they are not federally
enforceable. There are no State
requirements in the program revisions
listed in the table above that are
considered to be more stringent or
broader in scope than the Federal
requirements.
VIII. Who handles permits after the
authorization takes effect?
When final authorization takes effect,
Florida will issue permits for all the
provisions for which it is authorized
and will administer the permits it
issues. The EPA will continue to
administer any RCRA hazardous waste
permits or portions of permits that the
EPA issued prior to the effective date of
authorization until they expire or are
terminated. The EPA will not issue any
new permits or new portions of permits
for the provisions listed in the table
above after the effective date of the final
authorization. The EPA will continue to
implement and issue permits for HSWA
requirements for which Florida is not
yet authorized. The EPA has the
authority to enforce State-issued permits
after the State is authorized.
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IX. How does this action affect Indian
country in Florida?
Florida is not authorized to carry out
its hazardous waste program in Indian
country within the State, which
includes the Indian lands associated
with the Miccosukee Tribe of Indians of
Florida and the Seminole Tribe of
Florida. Therefore, this action has no
effect on Indian country. EPA retains
jurisdiction over Indian country and
will continue to implement and
administer the RCRA program on these
lands.
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X. What is codification and is the EPA
codifying Florida’s hazardous waste
program as authorized in this action?
Codification is the process of placing
citations and references to the State’s
statutes and regulations that comprise
the State’s authorized hazardous waste
program into the Code of Federal
Regulations. The EPA does this by
adding those citations and references to
the authorized State rules in 40 CFR
part 272. The EPA is not codifying the
authorization of Florida’s revisions at
this time. However, the EPA reserves
the ability to amend 40 CFR part 272,
subpart K, for the authorization of
Florida’s program changes at a later
date.
XI. Statutory and Executive Order
Reviews
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21,
2011). This action authorizes State
requirements for the purpose of RCRA
section 3006 and imposes no additional
requirements beyond those imposed by
State law. Therefore, this action is not
subject to review by OMB. I certify that
this action will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this action authorizes
pre-existing requirements under State
law and does not impose any additional
enforceable duty beyond that required
by State law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1531–
1538). For the same reason, this action
also does not significantly or uniquely
affect the communities of tribal
governments, as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000). This action will not have
substantial direct effects on the states,
on the relationship between the
National Government and the states, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
authorizes State requirements as part of
the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
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make decisions based on environmental
health or safety risks. This action is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001), because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA section 3006(b), the EPA
grants a state’s application for
authorization as long as the state meets
the criteria required by RCRA. It would
thus be inconsistent with applicable law
for the EPA, when it reviews a state
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, the EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. The
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1988), by
examining the takings implications of
this action in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order. This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
‘‘Burden’’ is defined at 5 CFR 1320.3(b).
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
Because this action authorizes preexisting State rules which are at least
equivalent to, and no less stringent than
existing Federal requirements, and
imposes no additional requirements
beyond those imposed by State law, and
there are no anticipated significant
adverse human health or environmental
effects, this rule is not subject to
Executive Order 12898.
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Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Rules and Regulations
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this
document and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). This final action will
be effective November 7, 2022.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
Dated: August 26, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022–19199 Filed 9–2–22; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 21–450; FCC 22–65; FR
ID 101252]
Affordable Connectivity Program
Federal Communications
Commission.
ACTION: Final action.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) establishes a pilot
program, titled ‘‘Your Home, Your
internet,’’ designed to increase
awareness of and encourage
participation in the Affordable
Connectivity Program for households
receiving Federal housing assistance.
DATES: The pilot program is established
as of September 6, 2022.
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Sherry Ross, Wireline Competition
Bureau, (202) 418–7400 or by email at
Sherry.Ross@fcc.gov. The Federal
Communications Commission asks that
requests for accommodations be made
as soon as possible in order to allow the
agency to satisfy such requests
whenever possible. Send an email to
fcc504@fcc.gov or call the Consumer
and Governmental Affairs Bureau at
(202) 418–0530.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Third
Report and Order in WC Docket No. 21–
450; FCC 22–65, adopted on August 5,
2022 and released on August 8, 2022.
Due to the COVID–19 pandemic, the
Commission’s headquarters will be
closed to the general public until further
notice. The full text of this document is
available at the following internet
address: https://www.fcc.gov/document/
fcc-releases-rules-implement-affordableconnectivity-program.
Synopsis
I. Introduction
1. Earlier this year, the Federal
Communications Commission
(Commission) established the $14.2
billion Affordable Connectivity Program
(or ACP). Over 12 million households
have signed up to receive a $30 benefit
(or up to $75 per month for households
on qualifying Tribal lands) to offset the
cost of internet access. For those
households, the Affordable Connectivity
Program can open up a world of
opportunity. They can work from home,
take advantage of telehealth and remote
schooling, and stay connected with
friends and family. The Commission is
committed to bringing those benefits to
the millions more eligible households
who have not yet signed up. In this
document, the Commission establishes a
pilot program, titled ‘‘Your Home, Your
internet,’’ designed to increase
awareness of and encourage
participation in the Affordable
Connectivity Program for households
receiving Federal housing assistance.
2. When the Commission adopted the
final ACP rules in January 2022, it
sought comment on a proposal to target
outreach and provide application
support to residents of public housing
and other Federal housing assistance
recipients. By establishing this pilot
program, the Commission intends to test
the best methods to make recipients
aware of and to help them enroll in the
Affordable Connectivity Program. The
Commission will also use the tools and
resources provided to it through the
Infrastructure Investment and Jobs Act
(Infrastructure Act), such as the ability
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54401
to collaborate with other agencies,
including continuing and expanding
upon existing collaborations, to help
households receiving Federal housing
assistance access affordable broadband
service.
II. Discussion
3. In this document, the Commission
first identifies discrete ACP
enhancements and improvements to the
ACP application process, the
effectiveness of which will be tested
during the pilot program. Next, the
Commission establishes a one-year pilot
program, ‘‘Your Home, Your internet,’’
with the goal of increasing awareness of
the Affordable Connectivity Program
among recipients of Federal housing
assistance and facilitating enrollment in
the program by providing targeted
assistance with completion of the ACP
application.
4. Your Home, Your internet will
couple targeted outreach with hands-on
application assistance. It will test ways
to increase ACP participation by
recipients of Federal housing assistance
who are eligible for the Affordable
Connectivity Program but, based on the
Commission’s experience, may not be
aware of or enrolled in the program. The
Commission will select up to 20 pilot
participants, which may include
government entities and third-party
organizations serving Federal housing
assistance recipients, from across the
country. The Commission intends to
select pilot participants from a variety of
settings, including urban, rural, and
Tribal communities. As discussed
below, applicants may propose a variety
of activities, including the development
of new promotional materials, hands-on
application assistance, and site-based
outreach. Participants will be given the
option to access the National Verifier to
better assist consumers in applying for
ACP benefits. Participants also will be
allowed to apply for a grant to fund
Your Home, Your internet pilot projects
through the Affordable Connectivity
Outreach Grant Program that the
Commission adopts in a final rule
published elsewhere in this issue of the
Federal Register. The Commission has
allocated up to $5 million of the $100
million designated for outreach in the
ACP Order, 87 FR 8346, February 14,
2022, to provide grants to fund Your
Home, Your internet pilot projects. The
Commission also has allocated up to an
additional $5 million to fund its own
outreach activities alongside the grant
funds and may collaborate with the
Department of Housing and Urban
Development (HUD) and other Federal
agency partners that work directly with
Federal housing assistance recipients to
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Agencies
[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Rules and Regulations]
[Pages 54398-54401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19199]
[[Page 54398]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2022-0259; FRL-10134-02-R4]
Florida: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action on the authorization of Florida's changes to its hazardous
waste program under the Resource Conservation and Recovery Act (RCRA).
These changes were outlined in an application to the EPA and correspond
to certain Federal rules promulgated between July 1, 1987 and June 30,
2020. We have determined that these changes satisfy all requirements
needed for final authorization.
DATES: This authorization is effective on November 7, 2022 without
further notice, unless the EPA receives adverse comment by October 6,
2022. If the EPA receives adverse comment, we will publish a timely
withdrawal of this direct final action in the Federal Register
informing the public that the authorization will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2022-0259, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. 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.
The EPA encourages electronic submittals, but if you are unable to
submit electronically or need other assistance, please contact Leah
Davis, the contact listed in the FOR FURTHER INFORMATION CONTACT
section. Please also contact Leah Davis if you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you.
All documents in the docket are listed in the www.regulations.gov
index. Publicly available docket materials are available electronically
in www.regulations.gov. For alternative access to docket materials,
please contact Leah Davis, the contact listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Leah Davis; RCRA Programs and Cleanup
Branch; Land, Chemicals and Redevelopment Division; U.S. Environmental
Protection Agency; Atlanta Federal Center, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8562; fax
number: (404) 562-9964; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Why is the EPA using a direct final action?
The EPA is publishing this action without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse comment. This action is a routine program change. However, in
the ``Proposed Rules'' section of this issue of the Federal Register,
we are publishing a separate document that will serve as the proposed
rule allowing the public an opportunity to comment. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this action, see the ADDRESSES section
of this document.
If the EPA receives comments that oppose this authorization, we
will withdraw this action by publishing a document in the Federal
Register before the action becomes effective. The EPA will base any
further decision on the authorization of the state program changes on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later final action.
II. Why are revisions to state programs necessary?
States that have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
states must change their programs and ask the EPA to authorize the
changes. Changes to state programs may be necessary when Federal or
state statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states
at the same time they take effect in unauthorized states. Thus, the EPA
will implement those requirements and prohibitions in Florida,
including the issuance of new permits implementing those requirements,
until the State is granted authorization to do so.
III. What decisions has the EPA made in this action?
Florida submitted a complete program revision application (PRA),
dated September 1, 2021, and an amendment to the PRA, dated June 24,
2022, seeking authorization of changes to its hazardous waste program
corresponding to certain Federal rules promulgated between July 1, 1987
and June 30, 2020 (including Non-HSWA Cluster \1\ IV (Checklist \2\
24.1 only), HSWA Cluster II (Checklist 44D only), RCRA Clusters VIII
(Checklist 167B only), X (Checklists 182 and 182.1), XI (Checklist 190
only), XV (Checklists 206.1 and 207.1), and XXVIII (Checklist 242). The
EPA concludes that Florida's application to revise its authorized
program meets all of the statutory and regulatory requirements
established under RCRA, as set forth in RCRA section 3006(b), 42 U.S.C.
6926(b), and 40 CFR part 271. Therefore, the EPA grants Florida final
authorization to operate its hazardous waste program with the changes
described in the authorization application, and as outlined below in
Section VI of this document.
---------------------------------------------------------------------------
\1\ A ``cluster'' is a grouping of hazardous waste rules that
the EPA promulgates from July 1st of one year to June 30th of the
following year.
\2\ A ``checklist'' is developed by the EPA for each Federal
rule amending the RCRA regulations. The checklists document the
changes made by each Federal rule and are presented and numbered in
chronological order by date of promulgation.
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Florida has responsibility for permitting treatment, storage, and
disposal facilities within its borders
[[Page 54399]]
(except in Indian country, as defined at 18 U.S.C. 1151) and for
carrying out the aspects of the RCRA program described in its program
revision application, subject to the limitations of HSWA, as discussed
above.
IV. What is the effect of this authorization decision?
The effect of this decision is that the changes described in
Florida's authorization application will become part of the authorized
State hazardous waste program and will therefore be federally
enforceable. Florida will continue to have primary enforcement
authority and responsibility for its State hazardous waste program. The
EPA will maintain its authorities under RCRA sections 3007, 3008, 3013,
and 7003, including its authority to:
Conduct inspections, and require monitoring, tests,
analyses, and reports;
Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
Take enforcement actions regardless of whether the State
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which the EPA is
authorizing Florida are already effective under State law and are not
changed by this action.
V. What has Florida previously been authorized for?
Florida initially received final authorization on January 29, 1985,
effective February 12, 1985 (50 FR 3908), to implement the RCRA
hazardous waste management program. The EPA granted authorization for
changes to Florida's program on the following dates: December 1, 1987,
effective March 3, 1988 (52 FR 45634); December 16, 1988, effective
January 3, 1989 (53 FR 50529); December 14, 1990, effective February
12, 1991 (55 FR 51416); February 5, 1992, effective April 6, 1992 (57
FR 4371); February 7, 1992, effective April 7, 1992 (57 FR 4738); May
20, 1992, effective July 20, 1992 (57 FR 21351); November 9, 1993,
effective January 10, 1994 (58 FR 59367); July 11, 1994, effective
September 9, 1994 (59 FR 35266); April 16, 1994, effective October 17,
1994 (59 FR 41979); October 26, 1994, effective December 27, 1994 (59
FR 53753); April 1, 1997, effective June 2, 1997 (62 FR 15407); January
20, 1998, effective March 23, 1998 (63 FR 2896); September 18, 2000,
effective November 18, 2000 (65 FR 56256); August 23, 2001, effective
October 22, 2001 (66 FR 44307); August 20, 2002, effective October 21,
2002 (67 FR 53886 and 67 FR 53889); October 14, 2004, effective
December 13, 2004 (69 FR 60964); August 10, 2007, effective October 9,
2007 (72 FR 44973); February 7, 2011, effective April 8, 2011 (76 FR
6564); October 8, 2014, effective December 8, 2014 (79 FR 60756);
February 22, 2019 (Proposed), effective May 10, 2019 (84 FR 20549); and
February 25, 2020, effective June 1, 2020 (85 FR 33026). The authorized
Florida program, through RCRA Cluster IV, was incorporated by reference
into the CFR on January 20, 1988, effective March 23, 1998 (63 FR
2896).
VI. What changes is the EPA authorizing with this action?
Florida submitted a complete program revision application, dated
September 1, 2021, and an amendment to the PRA, dated June 24, 2022,
seeking authorization of changes to its hazardous waste management
program in accordance with 40 CFR 271.21. This application included
changes associated with Checklist 242. Additionally, the amendment to
the PRA included changes associated with older Checklists 24.1, 44D,
167B, 182, 182.1, 190, 206.1, and 207.1.\3\ The EPA has determined,
subject to receipt of written comments that oppose this action, that
Florida's hazardous waste program revisions are equivalent to,
consistent with, and no less stringent than the Federal program, and
therefore satisfy all of the requirements necessary to qualify for
final authorization. Therefore, the EPA grants final authorization to
Florida for the following program changes:
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\3\ Florida previously adopted these older Federal rules
associated with these checklists but has not yet been authorized for
them. For completeness, the EPA is authorizing Florida for these
older checklists now.
----------------------------------------------------------------------------------------------------------------
Description of Federal requirement Federal Register date and page Analogous state authority \1\
----------------------------------------------------------------------------------------------------------------
Checklist 24.1, Closure/Post-Closure 53 FR 7740, 3/10/1988.................... 62-730.020(1); 62-730.180(1)-
and Financial Responsibility (2); 62-730.220(1); 62-
Requirements \2\. 730.290(4).
Checklist 44D, EPA Administered Permit 52 FR 45788, 12/1/1987................... 62-730.290.
Programs: The Hazardous Waste Permit
Program.
Checklist 167B, Land Disposal 63 FR 28556, 5/26/1988................... 62-730.183.
Restrictions Phase IV--Hazardous
Soils Treatment Standards and
Exclusions.
Checklists 182 and 182.1, NESHAPS: 64 FR 52827, 9/30/1999; 64 FR 63209, 11/ 62-730.020(1); 62-730.030(1);
Final Standards for Hazardous Air 19/1999. 62-730.180(1)-(2); 62-
Pollutants for Hazardous Waste 730.181(1); 62-730.220(1);
Combustors (MACT Rule). 62-730.290(4).
Checklist 190, Deferral of Phase IV 65 FR 81373, 12/26/2000.................. 62-730.183.
Standards for PCBs as a Constituent
Subject to Treatment in Soil.
Checklist 206.1, Nonwastewaters from 70 FR 35032, 6/16/2005................... 62-730.030(1); 62-730.183.
Dyes and Pigments Correction.
Checklist 207.1, Uniform Hazardous 70 FR 35034, 6/16/2005................... 62-730.020(1); 62-730.030(1);
Waste Manifest Correction. 62-730.160(1); 62-
730.170(1); 62-730.180(1)-
(2).
Checklist 242, Universal Waste 84 FR 67202, 12/9/19..................... 62-730.020(1); 62-730.030(1);
Regulations: Addition of Aerosol Cans. 62-730.180(1)-(2); 62-
730.183; 62-730.220(1); 62-
730.185(1).
----------------------------------------------------------------------------------------------------------------
Notes
\1\ The Florida regulatory citations are from the Florida Administrative Code (F.A.C.), effective October 30,
2020.
\2\ The amendments made by Checklist 24.1 corrected errors in the preamble to the underlying Federal rule at 51
FR 16422 (May 2, 1986). Florida properly adopted the required changes made by Checklist 24 and was previously
authorized for those changes. We are including Checklist 24.1 in this authorization for completeness.
[[Page 54400]]
VII. Where are the revised State rules different than the Federal
rules?
When revised state rules differ from the Federal rules in the RCRA
state authorization process, the EPA determines whether the state rules
are equivalent to, more stringent than, or broader in scope than the
Federal program. Pursuant to RCRA section 3009, 42 U.S.C. 6929, state
programs may contain requirements that are more stringent than the
Federal regulations. Such more stringent requirements can be federally
authorized and, once authorized, become federally enforceable. Although
the statute does not prevent states from adopting regulations that are
broader in scope than the Federal program, states cannot receive
authorization for such regulations, and they are not federally
enforceable. There are no State requirements in the program revisions
listed in the table above that are considered to be more stringent or
broader in scope than the Federal requirements.
VIII. Who handles permits after the authorization takes effect?
When final authorization takes effect, Florida will issue permits
for all the provisions for which it is authorized and will administer
the permits it issues. The EPA will continue to administer any RCRA
hazardous waste permits or portions of permits that the EPA issued
prior to the effective date of authorization until they expire or are
terminated. The EPA will not issue any new permits or new portions of
permits for the provisions listed in the table above after the
effective date of the final authorization. The EPA will continue to
implement and issue permits for HSWA requirements for which Florida is
not yet authorized. The EPA has the authority to enforce State-issued
permits after the State is authorized.
IX. How does this action affect Indian country in Florida?
Florida is not authorized to carry out its hazardous waste program
in Indian country within the State, which includes the Indian lands
associated with the Miccosukee Tribe of Indians of Florida and the
Seminole Tribe of Florida. Therefore, this action has no effect on
Indian country. EPA retains jurisdiction over Indian country and will
continue to implement and administer the RCRA program on these lands.
X. What is codification and is the EPA codifying Florida's hazardous
waste program as authorized in this action?
Codification is the process of placing citations and references to
the State's statutes and regulations that comprise the State's
authorized hazardous waste program into the Code of Federal
Regulations. The EPA does this by adding those citations and references
to the authorized State rules in 40 CFR part 272. The EPA is not
codifying the authorization of Florida's revisions at this time.
However, the EPA reserves the ability to amend 40 CFR part 272, subpart
K, for the authorization of Florida's program changes at a later date.
XI. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action authorizes
State requirements for the purpose of RCRA section 3006 and imposes no
additional requirements beyond those imposed by State law. Therefore,
this action is not subject to review by OMB. I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this action authorizes pre-existing requirements under
State law and does not impose any additional enforceable duty beyond
that required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same
reason, this action also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This
action is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA section 3006(b), the EPA grants a state's application
for authorization as long as the state meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for the EPA,
when it reviews a state authorization application, to require the use
of any particular voluntary consensus standard in place of another
standard that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988), by
examining the takings implications of this action in accordance with
the ``Attorney General's Supplemental Guidelines for the Evaluation of
Risk and Avoidance of Unanticipated Takings'' issued under the
executive order. This action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this action authorizes pre-
existing State rules which are at least equivalent to, and no less
stringent than existing Federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
this rule is not subject to Executive Order 12898.
[[Page 54401]]
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
final action will be effective November 7, 2022.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
Dated: August 26, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-19199 Filed 9-2-22; 8:45 am]
BILLING CODE 6560-50-P