Florida: Final Authorization of State Hazardous Waste Management Program Revisions, 54398-54401 [2022-19199]

Download as PDF 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. jspears on DSK121TN23PROD with RULES DATES: VerDate Sep<11>2014 17:41 Sep 02, 2022 Jkt 256001 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 PO 00000 Frm 00088 Fmt 4700 Sfmt 4700 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. E:\FR\FM\06SER1.SGM 06SER1 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. jspears on DSK121TN23PROD with RULES 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 VerDate Sep<11>2014 17:41 Sep 02, 2022 Jkt 256001 yet been authorized for them. For completeness, the PO 00000 Frm 00089 Fmt 4700 Sfmt 4700 EPA is authorizing Florida for these older checklists now. E:\FR\FM\06SER1.SGM 06SER1 54400 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. jspears on DSK121TN23PROD with RULES 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. VerDate Sep<11>2014 17:41 Sep 02, 2022 Jkt 256001 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 PO 00000 Frm 00090 Fmt 4700 Sfmt 4700 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. E:\FR\FM\06SER1.SGM 06SER1 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. jspears on DSK121TN23PROD with RULES SUMMARY: VerDate Sep<11>2014 17:41 Sep 02, 2022 Jkt 256001 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 PO 00000 Frm 00091 Fmt 4700 Sfmt 4700 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 E:\FR\FM\06SER1.SGM 06SER1

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.

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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.
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    \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:
---------------------------------------------------------------------------

    \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
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