Delaware: Final Authorization of State Hazardous Waste Management Program Revisions, 74971-74977 [2022-22799]
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on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
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List of Subjects in 33 CFR Part 165
1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0964 to read as
follows:
■
§ 165.T08–0964 Safety Zone; Corpus
Christi Shipping Channel, Corpus Christi,
TX.
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BILLING CODE 9110–04–P
[EPA–R03–RCRA–2022–0280; FRL–9951–
02–R3]
■
(a) Location. The following area is a
safety zone: all navigable waters of the
Corpus Christi Shipping Channel in a
zone defined by the following
coordinates; 27°50′31.28″ N,
97°04′17.23″ W; 27°50′31.73″ N,
97°04′15.44″ W; 27°50′29.06″ N,
97°04′16.61″ W; 27°50′29.32″ N,
97°04′14.82″ W.
(b) Effective period. This section is
effective from 8 p.m. on December 5,
2022, through 3 p.m. on December 11,
2022. This section is subject to
enforcement from 8 p.m. to 3 p.m. of the
next day, each day.
(c) Regulations. (1) According to the
general regulations in § 165.23, entry
into this temporary safety zone is
prohibited unless authorized by the
Captain of the Port Sector Corpus
Christi (COTP) or a designated
representative. They may be contacted
on Channel 16 VHF–FM (156.8 MHz) or
by telephone at 361–939–0450.
(2) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
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40 CFR Part 271 and 272
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
18:18 Dec 06, 2022
Dated: December 1, 2022.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
ENVIRONMENTAL PROTECTION
AGENCY
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts as
appropriate.
Delaware: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Delaware has applied to the
United States Environmental Protection
Agency (EPA) for final authorization of
revisions to its hazardous waste
program under the Resource
Conservation and Recovery Act (RCRA).
EPA has determined that these revisions
satisfy all requirements needed to
qualify for final authorization and is
hereby authorizing Delaware’s revisions
through this direct final rule. EPA is
additionally removing and reserving
codification of Delaware’s hazardous
waste program.
DATES: This final authorization will
become effective on February 6, 2023,
unless EPA receives adverse written
comments by January 6, 2023. If EPA
receives any such comments, EPA will
publish a timely withdrawal of this
direct final rule in the Federal Register.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
RCRA–2022–0351, at
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
the disclosure of which 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
SUMMARY:
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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
www.epa.gov/dockets/commenting-epadockets.
The EPA encourages electronic
submittals, but if you are unable to
submit electronically or need other
assistance, please contact Claudia Scott,
the contact listed in the FOR FURTHER
INFORMATION CONTACT provision below.
Please also contact Claudia Scott 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.
FOR FURTHER INFORMATION CONTACT:
Claudia Scott, RCRA Programs Branch,
Land, Chemicals and Redevelopment
Division, U.S. Environmental Protection
Agency Region 3, Four Penn Center,
1600 John F. Kennedy Blvd. (Mail Code
3LD30), Philadelphia, PA 19103–2852;
phone: (215) 814–3240, email:
scott.claudia@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs
necessary?
States that have received final
authorization from 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 is
revised to become more stringent or
broader in scope, States must revise
their programs and apply to EPA to
authorize the revisions. Authorization of
revisions to State programs may be
necessary when Federal or State
statutory or regulatory authority is
modified or when certain other
revisions occur. Most commonly, States
must revise their programs because of
revisions to EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 266, 268, 270, 273 and
279.
B. What decisions has EPA made in this
rule?
On December 16, 2021, Delaware
submitted a final program revision
application seeking authorization of
revisions to its hazardous waste
program that correspond to certain
Federal rules promulgated through May
30, 2018. EPA concludes that
Delaware’s application to revise its
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authorized program meets all of the
statutory and regulatory requirements
established by RCRA, as set forth in
RCRA section 3006(b), 42 U.S.C.
6926(b), and 40 CFR part 271. Therefore,
EPA grants Delaware final authorization
to operate its hazardous waste program
with the revisions described in its
authorization application, and as
outlined below in Section G of this
preamble.
Delaware has responsibility for
permitting treatment, storage, and
disposal facilities (TSDFs) within its
borders and for carrying out the aspects
of the RCRA program described in its
application, subject to the limitations of
the Hazardous and Solid Waste
Amendments of 1984 (HSWA). New
Federal requirements and prohibitions
imposed by Federal regulations that
EPA promulgates under the authority of
HSWA take effect in authorized States
before they are authorized for the
requirements. Thus, EPA will
implement those HSWA requirements
and prohibitions for which Delaware
has not been authorized, including
issuing HSWA permits, until the State is
granted authorization to do so.
C. What is the effect of this
authorization decision?
This action serves to authorize
revisions to Delaware’s authorized
hazardous waste program. This action
does not impose additional
requirements on the regulated
community because the regulations for
which Delaware is being authorized by
this action are already effective and are
not changed by this action. Delaware
has enforcement responsibilities under
its state hazardous waste program for
violations of its program, but EPA
retains its authority under RCRA
sections 3007, 3008, 3013, and 7003,
which include, among others, authority
to:
• Perform inspections, and require
monitoring, tests, analyses or reports;
• Enforce RCRA requirements and
suspend or revoke permits; and
• Take enforcement actions regardless
of whether Delaware has taken its own
actions.
D. Why wasn’t there a proposed rule
before this rule?
Along with this direct final rule, EPA
is publishing a separate document in the
‘‘Proposed Rules’’ section of this issue
of the Federal Register that serves as the
proposal to authorize these State
program revisions. EPA did not publish
a proposal before this issue of the
Federal Register because EPA views
this action as a routine program change
and does not expect comments that
oppose its approval. EPA is providing
an opportunity for public comment
now, as described in Section E of this
preamble.
E. What happens if EPA receives
comments that oppose this action?
If EPA receives adverse comments
pertaining to this State revision, EPA
will withdraw this direct final rule by
publishing a document in the Federal
Register before the rule becomes
effective. EPA will base any further
decision on the authorization of
Delaware’s program revisions on the
proposal mentioned in the previous
section, after considering all comments
received during the comment period.
EPA will then address all relevant
comments in a later final rule. You may
not have another opportunity to
comment. If you want to comment on
this authorization, you must do so at
this time.
1998 (63 FR 44152); July 12, 2000,
effective September 11, 2000 (65 FR
42871); August 8, 2002, effective August
8, 2002 (67 FR 51478); March 4, 2004,
effective May 3, 2004 (69 FR 10171);
October 7, 2004, effective December 6,
2004 (69 FR 60091); and August 10,
2017, effective October 10, 2017 (82 FR
37319).
G. What revisions is EPA authorizing
with this action?
On December 16, 2021, Delaware
submitted a final program revision
application seeking authorization of
additional revisions to its program in
accordance with 40 CFR 271.21.
Delaware’s revision application
includes various regulations that are
equivalent to, and no less stringent than,
selected Federal final hazardous waste
rules, as published in the Federal
Register through May 30, 2018.
EPA now makes a direct final rule,
subject to receipt of written comments
that oppose this action, that Delaware’s
hazardous waste program revision
application satisfies all of the
requirements necessary to qualify for
final authorization. Therefore, EPA
grants Delaware final authorization for
the following program revisions:
1. Program Revision Changes for Federal
Rules
F. What has Delaware previously been
authorized for?
Delaware initially received final
authorization of its hazardous waste
program effective June 22, 1984 (June 8,
1984; 49 FR 23837). EPA granted
authorization for revisions to Delaware’s
regulatory program on August 8, 1996,
effective October 7, 1996 (61 FR 41345);
August 18, 1998, effective October 19,
Delaware seeks authority to
administer the Federal requirements
that are listed in Table 1 below. This
table lists the Delaware analogs that
have been revised; these revisions are
being recognized as no less stringent
than the analogous Federal
requirements.
Delaware’s regulatory references are
to Delaware’s Regulations Governing
Hazardous Waste (DRGHW), amended
and effective August 21, 2006,
December 21, 2007, December 21, 2008,
May 21, 2009, April 21, 2016, and
January 21, 2021. The statutory
references are to 7 Delaware Code
annotated (1991).
TABLE 1—DELAWARE’S ANALOGS TO THE FEDERAL REQUIREMENTS
Description of Federal requirement
(revision checklists 1)
Federal
Register or
requirement
Delaware authority 2
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RCRA Cluster VII
Criteria for Classification of Solid Waste
Disposal Facilities and Practices;
Identification and Listing of Hazardous
Waste; Requirements for Authorization of State Hazardous Waste Programs, Revision Checklist 153.
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1996.
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DRGHW 262.14(a)(6), 262.14(a)(6)(i)–(iii), 262.14(a)(6)(iv) *, 262.14(a)(6)(v) *,
262.14(a)(6)(vi), 262.14(a)(6)(vii).
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TABLE 1—DELAWARE’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Description of Federal requirement
(revision checklists 1)
Federal
Register or
requirement
Delaware authority 2
RCRA Cluster X
NESHAPS: Final Standards for Hazardous Air Pollutants for Hazardous
Waste Combustors (MACT Rule), Revision Checklist 182.
64 FR 52827, 9/30/
1999.
DRGHW 122.19 introductory paragraph, 122.19(e), 122.22 introductory paragraph, 122.42 Appendix I, 122.62 introductory paragraph, 122.66 introductory
paragraph.
DRGHW 260.10, 264.340(b), 264.340(b)(1)–(2), 264.340(c)–(e), 264.601 introductory paragraph, 265.340(b), 265.340(b)(1)–(2), 265.340(c), 266.100(b),
266.100(b)(1), 266.100(b)(2), 266.100(b)(2)(i)–(iv), 266.100(c), 266.100(d),
266.100(d)(1), 266.100(d)(1)(i)–(iii), 266.100(d)(2), 266.100(d), 266.100(d)(3),
266.100(d)(3)(i)–(ii), 266.100(e)–(h), 266.101(c), 266.101(c)(1), 266.105(c),
266.105(c)(1)–(3), 266.105(d), 266.112(b)(1), 266.112(b)(2)(i), Appendix VIII.
RCRA Cluster XII
Hazardous Air Pollutant Standards for
Combustors: Corrections, Revision
Checklist 198.
67 FR 6968–6996,
2/14/2002.
DRGHW 266.100(a), 266.100(b)(1), 266.110(d)(1)(i)(B), 266.100(d)(2)(i)–(ii),
266.100(d)(3), 266.100(d)(3)(i), 266.100(d)(3)(i)(D).
RCRA Cluster XV
Methods Innovation Rule and SW–846
Final Update IIIB, Revision Checklist
208.
70 FR 34538–
34592, 6/14/2005
As amended 8/1/
2005, 70 FR
44150–44151.
DRGHW 122.19(c)(1)(iii)–(iv), 122.22(a)(2)(ii)(B), 122.62(b)(2)(i)(D),
122.66(c)(2)(i)–(ii), 279.10(b)(1)(ii), 279.44(c), 279.53(c), 279.63(c).
DRGHW 260.11, 260.119(a)–(g), 260.22(d)(1)(i), 261.3(a)(2)(v) introductory
paragraph, 261.21(a)(1), 261.22(a)(1)–(2), 261.35(b)(2)(iii)(A)–(B), Appendix
I, Appendix II, Appendix III, 264.190(a), 264.314(b),
264.1034(c)(1)(ii),264.1034(c)(1)(iv)(B), 264,1034(d)(1)(iii), 264.1034(f),
264.1063(d)(2), Appendix IX, 265.1034(c)(1)(ii), 265.1034(c)(1)(iv),
265.1034(c)(1)(iv)(A)–(B), 265.1063(d)(2), 265.1081 ‘‘Waste stabilization
process’’, 265.1084(a)(3)(ii)(C), 265.1084(a)(3)(iii) introductory paragraph,
265.1084(a)(3)(iii)(A)–(B), 265.1084(b)(3)(iii), 265.1084(b)(3)(iii)(A)–(B),
265.1084(c)(3)(i), 266.100(d)(1)(ii), 266.100(g)(2), 266.102(b)(1), 266.106(a),
266.112(b)(1), 266.112(b)(2)(i), Appendix IX, 268.40(b), 268.40.
Table/Footnote 7, 268.40 UTS table Footnote 4.
RCRA Cluster XVI
Burden Reduction Initiative, Revision
Checklist 213.
71 FR 16862–
16915, 4/4/2006.
DRGHW 122.14(a), 122.16(a), 122.26(c)(15).
DRGHW 260.31(b)(2)–(7), 261.4(a)(9)(iii)(E), 261.4(f)(9), 264.16(a)(4),
264.52(b), 264.56(i), 264.56(j) *, 264.73(b), introductory language *,
264.73(b)(1),(2),(6) *,(8),(10),&(18), 264.98(d) *, 264.98(g)(2)–(3), 264.99(f) *,
264.99(g), 264.100(g) *, 264.115, 264.120, 264.143(i), 264.145(i), 264.147(e),
264.174, 264.191(a), 264.191(b)(5)(ii), 264.192(a), 264.192(b), 264.193(a)(1),
264.193(a)(2), 264.193(i)(2), 264.195(b), 264.195(c), 264.195(d), 264.196(f),
264.251(c), 264.280(b), 264.314(a), 264.314(b)–(e), 264.314(e)(1)–(2),
264.343(a)(2) *, 264.347(d) *, 264.554(c)(2), 264.571(a)–(c), 264.573(a)(4)(ii),
264.573(g), 264.574(a), 264.1061(b)(2) *, 264.1061(b)(3) *, 264.1062(a),
264.1062(a)(2) *, 264.1100 introductory paragraph, 264.1101(c)(2),
264.1101(c)(4), 265.15(b)(4), 265.52(b), 265.56(i) *, 265.56(j), 265.73(b), introductory language *, 265.73(b)(1),(2),(6) *,(7),&(8), 265.90(e)(1) *,
265.90(e)(3) *, 265.93(d)(2) *, 265.93(d)(5) *, 265.115, 265.120, 265.143(h),
265.145(h), 265.147(h), 265.174, 265.191(a), 265.191(b)(5)(ii), 265.192(a),
265.192(b), 265.193(a)(1), 265.193(a)(2), 265.193(i)(2), 265.193(f)(1),
265.195(a), 265.195(a)(1),(2),&(4), 265.196(f) *, 265.195(c) *, 265.201,
265.221(a), 265.224, 265.224(a) *, 265.259(a) *, 265.280(e), 265.301(a),
265.303(a) *, 265.314(a), 265.314(b)–(f), 265.314(f)(1), 265.314(f)(2),
265.441(a), 265.441(b), 265.441(c), 265.443(a)(4)(ii), 265.443(g), 265.444(a),
265.1061(b), 265.1061(b)(1) * 265.1061(d) *, 265.1062(a), 265.1062(a)(2) *
265.1100 introductory paragraph, 265.1101(c)(2), 265.1101(c)(4),
266.102(e)(10) *, 266.103(d) *, 266.103(k) *, 268.7(a)(1), 268.1(a)(2),
268.7(b)(6), 268.9(a), 268.9(d).
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RCRA Cluster XXI
Removal of Saccharin and Its Salts from
the Lists of Hazardous Constituents,
Revision Checklist 225.
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78926, 12/17/
2010, Effective 1/
18/2011.
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DRGHW 261.33(f) Table, 261 Appendix VIII, 268.40 Table of Treatment Standards, 268 Appendix VII.
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TABLE 1—DELAWARE’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Federal
Register or
requirement
Description of Federal requirement
(revision checklists 1)
Revision of the Land Disposal Treatment Standards for Carbamate
Wastes, Revision Checklist 227.
Delaware authority 2
76 FR 34147–
DRGHW 268.40 Table of Treatment Standards, 268.48 Table of UTS-Universal
34157, 6/13/2011.
Treatment Standards.
RCRA Cluster XXII
Hazardous Waste Technical Corrections
and Clarifications Rule, Revision
Checklist 228.
77 FR 22229–
DRGHW 261.32(a) Table, 266.20(b).
22232, 4/13/2012.
RCRA Cluster XXIII
Hazardous Waste Electronic Manifest
Rule, Revision Checklist 231.
79 FR 7518–7563,
2/7/2014.
Revisions to the Export Provisions of the
Cathode Ray Tube (CRT) Rule, Revision Checklist 232.
79 FR 36220–
36231, 6/26/2014.
DRGHW 260.2(a)–(b), 260.10, 262.20(a)(3), 262.20(a)(3)(i)–(ii) 262.24, 262.25,
263.20(a)(1)–(8), 263.25, 264.71(a)(2)(i)–(v), 264.71(a)(2)(vi), 264.71(f)–(k),
265.71(a)(2), 265.71(a)(2)(i)–(vi), 265.71(f)–(k).
DRGHW 260.10, 261.39 *, 261.39(a)(5)(i)(F) *, 261.39(a)(5)(x)–(xi) *, 261.41 *.
RCRA Cluster XXIV
Changes affecting all non-waste determinations and variances More stringent for all state programs Revisions
to the Definition of Solid Waste, Revision Checklist 233A.
Legitimacy-related provisions, including
prohibition of sham recycling, definition of legitimacy, definition of contained More stringent for all state programs. Revisions to the Definition of
Solid Waste, Revision Checklist 233B.
Speculative Accumulation, Revisions to
the Definition of Solid Waste, Revision
Checklist 233C.
80 FR 1694–1814,
1/13/2015.
DRGHW 260.31(c), 260.31(c)(1)–(5), 260.33 section heading *, 260.33(c)–(e) *,
260.42 section heading, 260.42(a) *, 260.42(a)(1)–(9), 260.42(b).
80 FR 1694–1814,
1/13/2015.
DRGHW 260.10 ‘‘contained’’, 260.10 ‘‘Hazardous secondary material’’,
260.43(a) section heading, 260.43(a), 260.43(a)(1), 260.43(a)(1)(i)–(v),
260.43(a)(2), 260.43(a)(2)(i)–(ii), 260.43(a)(3), 260.43(a)(4), 260.43(a)(4)(i),
260.43(a)(4)(i)(A)–(B), 260.43(a)(4)(ii), 260.43(a)(4)(ii)(A)–(B),
260.43(a)(4)(iii), 260.43(b)–(c), 261.2(b)(4), 261.2(g).
80 FR 1694–1814,
1/13/2015.
DRGHW 261.1(c)(8).
Consolidated Checklist C9
Land Disposal Restrictions, as of June
30, 2018.
40 CFR part 268 ...
DRGHW part 268.
1 A Revision Checklist is a document that addresses the specific revisions made to the Federal regulations by one or more related final rules
published in the Federal Register. EPA develops these checklists as tools to assist States in developing their authorization applications and in
documenting specific State analogs to the Federal regulations. For more information see EPA’s RCRA State Authorization web page at https://
www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra.
2 Unless otherwise indicated, all Delaware citations are from the state’s 2021 regulations.
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H. Where are the revised Delaware
rules different from the Federal rules?
1. Delaware Requirements That Are
More Stringent Than the Federal
Program
Delaware’s hazardous waste program
contains several provisions that are
more stringent than the RCRA program.
The more stringent provisions are part
of the Federally authorized program and
are, therefore, federally enforceable. The
specific more stringent provisions are
also noted with an asterisk in Table 1 of
this preamble and in Delaware’s
authorization application. They include,
but are not limited to, the following:
(a) The Federal regulations, at 40 CFR
260.21(d), state that any person may
petition for a regulatory amendment to
add a testing or analytical method.
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Delaware’s regulations do not allow
such petitions and, as a result, are more
stringent than the federal requirement.
(b) The Federal regulations, at 40 CFR
260.33, detail the procedures the
Administrator will use in evaluating
applications for variances from
classification as a solid waste, for
variances to be classified as a boiler, or
for non-waste determinations. The
Delaware regulations, at DRGHW
260.33, detail the procedures the
Secretary of DNREC will use in
evaluating applications for variances
from classification as solid waste or
variances to be classified as a boiler.
The Delaware regulations do not allow
applications for non-waste
determinations and, as such, are more
stringent than the Federal requirements.
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(c) The Federal regulations, at 40 CFR
260.42(a), state that facilities managing
hazardous secondary materials under an
approved variance must send a
notification to EPA every two years. The
Delaware regulations, at DRGHW
260.42(a), require notifications to
DNREC every year. Because Delaware
requires annual notifications while EPA
requires notifications every two years,
this Delaware requirements is more
stringent than the Federal requirement.
(d) The Federal regulations, at 40 CFR
261.39, include a list of conditions that
used, broken CRTs must meet in order
to be excluded from consideration as
solid wastes. The Delaware regulations,
at DRGHW 261.39 and 261.41(a), specify
that CRTs are considered solid waste
but used, intact or broken CRTs are not
hazardous waste if they meet the listed
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conditions. Because the Delaware
regulations do not exclude CRTs from
consideration as solid wastes, the state
requirements are more stringent than
the Federal requirements. Additionally,
the Federal regulations, at 40 CFR
261.39(a)(5)(i)(F), (a)(5)(x), and (a)(5)(xi),
require exporters of used, broken CRTs
to notify EPA of an intended export
before the CRTs are scheduled to leave
the United States, to file with EPA an
annual report summarizing the
quantities, frequency of shipment, and
ultimate destination(s) of all used CRTs
exported during the previous calendar
year. The Delaware regulations, at
DRGHW 261.39(a)(5)(i)(F), (a)(5)(x), and
(a)(5)(xi), require that exporters of used,
intact or broken CRTs notify both EPA
and the DNREC Secretary of an intended
export before the CRTs are scheduled to
leave the United States, and that the
annual report be filed with EPA, with a
copy sent to the DNREC Secretary.
Because Delaware’s requirements apply
to exporters of intact CRTs in addition
to exporters of used, broken CRTs, and
because the Delaware regulations
require exporters to notify DNREC in
addition to EPA, the Delaware
regulations are more stringent than the
Federal requirements.
(e) In several places, the Federal
regulations require that notices and
reports be submitted to the Agency.
Delaware’s regulations also require the
submittal of those notices and reports,
but additionally require that the notices
and reports be submitted to the
Secretary of DNREC. These additional
requirements are found at DRGHW
261.41(b) and (c), 264.56(j), and
264.343(a)(2). Additionally, Delaware
regulations require that notifications
and documents be provided to the
Secretary in a number of instances
where the Federal regulations do not
require such notifications or submittals.
These additional requirements are
found at DRGHW 264.1061(b)(1),
264.1062(a)(2), 265.56(i), 265.90(e)(1)
and (e)(3), 265.93(d)(2) and (d)(5),
265.196(f), 265.224(a), 265.259(a),
265.303(a), 265.1061(b)(1), 265.1061(d),
and 265.1062(a)(2). As a result, the
above Delaware regulations are more
stringent than the Federal requirements.
(f) The Federal regulations, at 40 CFR
262.14(a)(5)(iv) and (v), allows very
small quantity generators (VSQGs) to
either treat or dispose of their hazardous
waste in an on-site facility or ensure
delivery to an off-site treatment, storage,
or disposal facility as long as the facility
is in the United States and is permitted,
licensed, or registered by a state to
manage municipal solid waste or nonmunicipal non-hazardous waste.
Delaware has reserved the analogous
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subsections at DRGHW 262.14(a)(6)(iv)
and (v), and does not allow VSQG waste
to be sent to non-hazardous waste
landfills. As a result, the Delaware
regulations are more stringent than the
Federal requirements.
(g) The Federal regulations, at 40 CFR
264.73(b), introductory language,
264.73(b)(6) and (b)(18), 264.347(d),
265.73(b), introductory language,
265.73(b)(6), and 266.102(e)(10) require
that facilities record and maintain
certain records for three or five years, as
specified. The Delaware regulations, at
DRGHW 264.73(b), introductory
language, 264.73(b)(6), 264.347(d),
265.73(b), introductory language,
265.73(b)(6), and 266.102(e)(10) require
facilities to maintain those records until
closure of the facility. Additionally, at
40 CFR 266.103(d) and (k), the Federal
regulations require owners or operators
to recertify compliance within five years
from submitting the previous
certification and to maintain required
records for five years, while the
Delaware regulations, at DRGHW
266.103(d) and (k), require
recertification within three years and
maintenance of the records until closure
of the unit. As a result, the above
Delaware regulations are more stringent
than the Federal requirements.
(h) The Federal regulations, at 40 CFR
264.98(d) and 264.99(f), state that the
Regional Administrator will specify the
frequencies for collecting samples and
conducting statistical tests to determine
whether there is statistically significant
evidence of contamination. The
Delaware regulations, at DRGHW
264.98(d) and 264.99(f), specify that a
sequence of at least four samples from
each well must be collected at least
semi-annually. Because of this
additional requirement, the above
Delaware regulations are more stringent
than the Federal requirements.
(i) The Federal regulations, at 40 CFR
264.100(g), require owners or operators
to submit written reports on the
effectiveness of the corrective action
program on an annual basis. The
Delaware regulations, at DRGHW
264.100(g), require that these reports be
submitted semi-annually. As a result,
the Delaware regulations are more
stringent than the Federal requirements.
(j) The Federal regulations, at 40 CFR
264.113(d) and (e), authorize the
Regional Administrator to allow closed
facilities to accept non-hazardous waste
if they meet certain requirements.
Delaware did not adopt these two
subparagraphs. Therefore, in this
respect, the Delaware requirements are
more stringent than the Federal
program.
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74975
(k) The Federal regulations, at 40 CFR
265.113(e), allow owners or operators of
a hazardous waste surface
impoundment that is not in compliance
with the liner and leachate collection
system to operate as long as they meet
certain listed requirements. Delaware’s
regulations do not allow these activities
at all. As a result, the Delaware
regulations are more stringent than the
Federal requirements.
(l) Delaware’s regulations, at DRGHW
265.195(a), state that owners or
operators of facilities that use tank
systems for storing or treating hazardous
waste must inspect specified areas at
least once each operating day. The
Federal regulations, at 40 CFR
265.195(b), include the same
requirement. Additionally, at 40 CFR
265.195(c), the Federal regulations
allow certain facilities to inspect those
areas weekly. The Delaware regulations
do not allow for this alternate
inspection schedule and, as a result, are
more stringent than the Federal
requirements in this respect.
(m) The Federal regulations, at 40
CFR 265.195(f) and (g), require an owner
or operator of a facility with tank
systems to inspect cathodic protection
systems and keep records of the
inspections. The Delaware regulations,
at DRGHW 265.195(b) and (c), include
the same requirements. Additionally,
DRGHW 265.195(c) provides that
generators must submit a written record
of inspections and maintain the record
onsite for a minimum of three years.
This additional requirement for
generators is more stringent than the
Federal requirements.
I. Who handles permits after the
authorization takes effect?
After this authorization revision,
Delaware will continue to issue permits
covering all the provisions for which it
is authorized and will administer all
such permits. EPA will continue to
administer any RCRA hazardous waste
permits or portions of permits that it
issued prior to the effective date of this
authorization until the timing and
process for effective transfer to the State
are mutually agreed upon. Until such
time as EPA formally transfers
responsibility for a permit to Delaware
and EPA terminates its permit, EPA and
Delaware agree to coordinate the
administration of such permit in order
to maintain consistency. EPA will not
issue any more new permits or new
portions of permits for the provisions
listed in Section G of this preamble after
the effective date of this authorization.
EPA will continue to implement and
issue permits for HSWA requirements
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Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Rules and Regulations
for which Delaware is not yet
authorized.
J. How does this action affect Indian
Country (18 U.S.C. 115) in Delaware?
Delaware is not seeking authority to
operate the program on Indian lands,
since there are no Federally-recognized
Indian Lands in Delaware.
lotter on DSK11XQN23PROD with RULES1
K. What is codification and is EPA
codifying Delaware’s hazardous waste
program as authorized in this rule?
Codification is the process of placing
a state’s statutes and regulations that
comprise the state’s authorized
hazardous waste program into the Code
of Federal Regulations. We do this
action by referencing the authorized
state rules in 40 CFR part 272. On
January 31, 1986, EPA codified the
initial EPA-approved Delaware State
program in 40 CFR part 272 subpart I
(51 FR 3954). The current codification is
out of date because the authorized
Delaware State program has been
amended since 1986. EPA is now
removing and reserving the language in
40 CFR part 272 subpart I, §§ 272.400
and 272.401. EPA’s initial January 1986
authorized program approval and all
subsequent updates have been
accomplished through notice-andcomment rulemaking, and EPA believes
the scope and content of the authorized
Delaware State Program is sufficiently
clear without codification in 40 CFR
part 272.
L. Administrative Requirements
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). Therefore, this action is not
subject to review by OMB. This action
authorizes State requirements pursuant
to RCRA section 3006 and imposes no
additional requirements beyond those
imposed by State law. Accordingly, 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
(Pub. L. 104–4). 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,
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18:18 Dec 06, 2022
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November 9, 2000). In any case,
Executive Order 13175 does not apply
to this rule since there are no Federally
recognized tribes in Delaware.
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
concern environmental health or safety
risks that may disproportionately affect
children. This rule 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), 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 EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that satisfies the requirements
of RCRA. Thus, the requirements of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note, section 12(d)(3)) do not apply.
As required by section 3 of Executive
Order 12988 (61 FR 4729, February 7,
1996), in issuing this rule, EPA has
taken the necessary steps to eliminate
drafting errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. EPA
has complied with Executive Order
12630 (53 FR 8859, March 18, 1988) by
examining the takings implications of
the rule in accordance with the Attorney
General’s Supplemental Guidelines for
the Evaluation of Risk and Avoidance of
Unanticipated Takings issued under the
executive order.
This rule 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
PO 00000
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Fmt 4700
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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 rule 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, the rule
is not subject to Executive Order 12898.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. 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).
However, this action will not be
effective until February 6, 2023 because
it is a direct final rule.
List of Subjects
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.
40 CFR Part 272
Environmental protection, Hazardous
materials transportation, Hazardous
waste, Incorporation by reference,
Intergovernmental relations, Water
pollution control, Water supply.
Authority: This action is issued under the
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act, as
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Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Rules and Regulations
amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
Adam Ortiz,
Regional Administrator, U.S. EPA Region III.
For the reasons set forth in the
preamble, 40 CFR part 272 is amended
as follows:
PART 272—APPROVED STATE
HAZARDOUS WASTE MANAGEMENT
PROGRAMS
1. The authority citation for part 272
continues to read as follows:
■
Authority: Secs. 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act, as
amended by the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6912(a),
6926, and 6974(b).
§§ 272.400 and 272.401
Reserved]
[Removed and
2. Remove and reserve §§ 272.400 and
272.401.
■
[FR Doc. 2022–22799 Filed 12–6–22; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Part 294
[Docket Number MARAD–2022–0247]
RIN 2133–AB95
Tanker Security Program
Maritime Administration
(MARAD), Department of
Transportation (DOT).
ACTION: Interim final rule; request for
comments.
AGENCY:
This interim final rule
provides procedures to implement
certain provisions of the National
Defense Authorization Act for Fiscal
Year 2021 (FY21 NDAA) and the
National Defense Authorization for
Fiscal Year 2022 (FY22 NDAA). The
FY21 NDAA authorized the Secretary of
Transportation to establish the Tanker
Security Program (TSP) comprised of a
fleet of active, commercially viable,
militarily useful, privately owned
product tank vessels of the United
States. The fleet will meet national
defense and other security requirements
and maintain a United States presence
in international commercial shipping.
The FY22 NDAA made minor
adjustments related to the participation
of long-term charters in the TSP. The
Maritime Administration solicits
written comments on this rulemaking.
DATES:
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
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18:18 Dec 06, 2022
Jkt 259001
Effective date: This interim final rule
is effective December 7, 2022.
Comments due date: Comments on
this interim final rule must be received
on or before February 6, 2023.
ADDRESSES: You may submit comments
identified by DOT Docket Number
MARAD–2022–0247 by any of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Search ‘‘MARAD–
2022–0247’’ and follow the instructions
for submitting comments.
• Email: Rulemakings.MARAD@
dot.gov. Include ‘‘MARAD–2022–0247’’
in the subject line of the message.
• Mail/Hand-Delivery/Courier:
Docket Management Facility; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, Room W12–140,
Washington, DC 20590. If you would
like to know that your comments
reached the facility, please enclose a
stamped, self-addressed postcard or
envelope. The Docket Management
Facility is open 9:00 a.m. to 5:00 p.m.,
Monday through Friday, except on
Federal holidays. Call 202–493–0402 to
determine facility hours prior to hand
delivery.
You may view the public comments
submitted on this rulemaking at
www.regulations.gov. When searching
for comments, please use the Docket ID:
MARAD–2022–0247. An electronic
copy of this document may also be
downloaded from the Office of the
Federal Register’s website at
www.FederalRegister.gov and the
Government Publishing Office’s website
at www.GovInfo.gov.
Note: If you fax, mail or hand-deliver your
comments, we recommend that you include
your name and a mailing address, an email
address, or a telephone number in the body
of your document so that we can contact you
if we have questions regarding your
submission. If you submit your comments by
mail or hand-delivery, they must be
submitted in an unbound format, no larger
than 81⁄2 by 11 inches, single-sided, suitable
for copying and electronic filing.
Instructions: All submissions received
must include the agency name and
docket number or Regulation Identifier
Number (RIN) for this rulemaking,
2133–AB95. All comments received will
be posted without change to the docket
at www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
section entitled Public Participation.
FOR FURTHER INFORMATION CONTACT:
David Hatcher, Office of Sealift Support,
at (202) 366–0688, or via email at
David.Hatcher1@dot.gov. You may send
mail to Mr. Hatcher at Department of
PO 00000
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74977
Transportation, Maritime
Administration, Office of Sealift
Support, 1200 New Jersey Avenue SE,
Washington, DC 20590. If you have
questions on viewing the Docket, call
Docket Operations, telephone: (800)
647–5527.
SUPPLEMENTARY INFORMATION: The FY21
NDAA, with minor adjustments in the
FY22 NDAA, required that the Secretary
of Transportation, in consultation with
the Secretary of Defense, establish a
fleet of active, commercially viable,
militarily useful, privately-owned
product tank vessels to meet national
defense and other security
requirements. The TSP will provide a
stipend to tanker operators of U.S.flagged vessels that meet certain
qualifications.
Congress appropriated $60,000,000
for the TSP in the Consolidated
Appropriations Act of 2022, Public Law
117–269. Authorized payments to
participating operators are limited to $6
million per ship, per fiscal year and are
subject to annual appropriations.
Participating operators will be required
to make their commercial transportation
resources available upon request by the
Secretary of Defense for military
purposes during times of war or
national emergency.
Background
A fuel tanker study required by the
Fiscal Year 2020 National Defense
Authorization Act (FY20 NDAA)
examined the sufficiency of the U.S.flagged tanker fleet to meet National
Defense Strategy (NDS) requirements. A
summary of the report is provided on
the DOT/MARAD docket for this
rulemaking. The report’s summary
found there to be a substantial risk to
the nation’s defense associated with a
heavy reliance on foreign-flagged
tankers, particularly within a contested
environment. The location, timing, and
specific missions associated with some
tanker requirements dictate the need for
U.S.-flagged assets, for which there
currently are insufficient numbers
available. The report’s gap analysis
found a clear and critical need for a
tanker security program to increase
U.S.-flagged tanker capacity, to reduce
the risk of reliance on foreign-flagged
tankers for the most important fuel
missions, and to ensure the Department
of Defense (DoD) has sufficient tanker
capabilities to meet NDS objectives.
In response to the FY20 NDAA Fuel
Tanker Study, Congress directed in the
FY21 NDAA, with minor adjustments in
the FY22 NDAA, that the Secretary of
Transportation, in consultation with the
Secretary of Defense, establish a fleet of
active, commercially viable, militarily
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]]>Agencies
[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Rules and Regulations]
[Pages 74971-74977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22799]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271 and 272
[EPA-R03-RCRA-2022-0280; FRL-9951-02-R3]
Delaware: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Delaware has applied to the United States Environmental
Protection Agency (EPA) for final authorization of revisions to its
hazardous waste program under the Resource Conservation and Recovery
Act (RCRA). EPA has determined that these revisions satisfy all
requirements needed to qualify for final authorization and is hereby
authorizing Delaware's revisions through this direct final rule. EPA is
additionally removing and reserving codification of Delaware's
hazardous waste program.
DATES: This final authorization will become effective on February 6,
2023, unless EPA receives adverse written comments by January 6, 2023.
If EPA receives any such comments, EPA will publish a timely withdrawal
of this direct final rule in the Federal Register.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
RCRA-2022-0351, at 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 the disclosure of which 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
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 Claudia
Scott, the contact listed in the FOR FURTHER INFORMATION CONTACT
provision below. Please also contact Claudia Scott 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.
FOR FURTHER INFORMATION CONTACT: Claudia Scott, RCRA Programs Branch,
Land, Chemicals and Redevelopment Division, U.S. Environmental
Protection Agency Region 3, Four Penn Center, 1600 John F. Kennedy
Blvd. (Mail Code 3LD30), Philadelphia, PA 19103-2852; phone: (215) 814-
3240, email: [email protected].
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States that have received final authorization from 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 is revised to become
more stringent or broader in scope, States must revise their programs
and apply to EPA to authorize the revisions. Authorization of revisions
to State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other revisions occur.
Most commonly, States must revise their programs because of revisions
to EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
B. What decisions has EPA made in this rule?
On December 16, 2021, Delaware submitted a final program revision
application seeking authorization of revisions to its hazardous waste
program that correspond to certain Federal rules promulgated through
May 30, 2018. EPA concludes that Delaware's application to revise its
[[Page 74972]]
authorized program meets all of the statutory and regulatory
requirements established by RCRA, as set forth in RCRA section 3006(b),
42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA grants Delaware
final authorization to operate its hazardous waste program with the
revisions described in its authorization application, and as outlined
below in Section G of this preamble.
Delaware has responsibility for permitting treatment, storage, and
disposal facilities (TSDFs) within its borders and for carrying out the
aspects of the RCRA program described in its application, subject to
the limitations of the Hazardous and Solid Waste Amendments of 1984
(HSWA). New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement those HSWA requirements and
prohibitions for which Delaware has not been authorized, including
issuing HSWA permits, until the State is granted authorization to do
so.
C. What is the effect of this authorization decision?
This action serves to authorize revisions to Delaware's authorized
hazardous waste program. This action does not impose additional
requirements on the regulated community because the regulations for
which Delaware is being authorized by this action are already effective
and are not changed by this action. Delaware has enforcement
responsibilities under its state hazardous waste program for violations
of its program, but EPA retains its authority under RCRA sections 3007,
3008, 3013, and 7003, which include, among others, authority to:
Perform inspections, and require monitoring, tests,
analyses or reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions regardless of whether Delaware
has taken its own actions.
D. Why wasn't there a proposed rule before this rule?
Along with this direct final rule, EPA is publishing a separate
document in the ``Proposed Rules'' section of this issue of the Federal
Register that serves as the proposal to authorize these State program
revisions. EPA did not publish a proposal before this issue of the
Federal Register because EPA views this action as a routine program
change and does not expect comments that oppose its approval. EPA is
providing an opportunity for public comment now, as described in
Section E of this preamble.
E. What happens if EPA receives comments that oppose this action?
If EPA receives adverse comments pertaining to this State revision,
EPA will withdraw this direct final rule by publishing a document in
the Federal Register before the rule becomes effective. EPA will base
any further decision on the authorization of Delaware's program
revisions on the proposal mentioned in the previous section, after
considering all comments received during the comment period. EPA will
then address all relevant comments in a later final rule. You may not
have another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.
F. What has Delaware previously been authorized for?
Delaware initially received final authorization of its hazardous
waste program effective June 22, 1984 (June 8, 1984; 49 FR 23837). EPA
granted authorization for revisions to Delaware's regulatory program on
August 8, 1996, effective October 7, 1996 (61 FR 41345); August 18,
1998, effective October 19, 1998 (63 FR 44152); July 12, 2000,
effective September 11, 2000 (65 FR 42871); August 8, 2002, effective
August 8, 2002 (67 FR 51478); March 4, 2004, effective May 3, 2004 (69
FR 10171); October 7, 2004, effective December 6, 2004 (69 FR 60091);
and August 10, 2017, effective October 10, 2017 (82 FR 37319).
G. What revisions is EPA authorizing with this action?
On December 16, 2021, Delaware submitted a final program revision
application seeking authorization of additional revisions to its
program in accordance with 40 CFR 271.21. Delaware's revision
application includes various regulations that are equivalent to, and no
less stringent than, selected Federal final hazardous waste rules, as
published in the Federal Register through May 30, 2018.
EPA now makes a direct final rule, subject to receipt of written
comments that oppose this action, that Delaware's hazardous waste
program revision application satisfies all of the requirements
necessary to qualify for final authorization. Therefore, EPA grants
Delaware final authorization for the following program revisions:
1. Program Revision Changes for Federal Rules
Delaware seeks authority to administer the Federal requirements
that are listed in Table 1 below. This table lists the Delaware analogs
that have been revised; these revisions are being recognized as no less
stringent than the analogous Federal requirements.
Delaware's regulatory references are to Delaware's Regulations
Governing Hazardous Waste (DRGHW), amended and effective August 21,
2006, December 21, 2007, December 21, 2008, May 21, 2009, April 21,
2016, and January 21, 2021. The statutory references are to 7 Delaware
Code annotated (1991).
Table 1--Delaware's Analogs to the Federal Requirements
------------------------------------------------------------------------
Description of Federal
requirement (revision Federal Register Delaware authority
checklists \1\) or requirement \2\
------------------------------------------------------------------------
RCRA Cluster VII
------------------------------------------------------------------------
Criteria for Classification of 61 FR 34252, 7/1/ DRGHW 262.14(a)(6),
Solid Waste Disposal 1996. 262.14(a)(6)(i)-(iii
Facilities and Practices; ), 262.14(a)(6)(iv)
Identification and Listing of *, 262.14(a)(6)(v)
Hazardous Waste; Requirements *, 262.14(a)(6)(vi),
for Authorization of State 262.14(a)(6)(vii).
Hazardous Waste Programs,
Revision Checklist 153.
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[[Page 74973]]
RCRA Cluster X
------------------------------------------------------------------------
NESHAPS: Final Standards for 64 FR 52827, 9/30/ DRGHW 122.19
Hazardous Air Pollutants for 1999. introductory
Hazardous Waste Combustors paragraph,
(MACT Rule), Revision 122.19(e), 122.22
Checklist 182. introductory
paragraph, 122.42
Appendix I, 122.62
introductory
paragraph, 122.66
introductory
paragraph.
DRGHW 260.10,
264.340(b),
264.340(b)(1)-(2),
264.340(c)-(e),
264.601 introductory
paragraph,
265.340(b),
265.340(b)(1)-(2),
265.340(c),
266.100(b),
266.100(b)(1),
266.100(b)(2),
266.100(b)(2)(i)-(iv
), 266.100(c),
266.100(d),
266.100(d)(1),
266.100(d)(1)(i)-(ii
i), 266.100(d)(2),
266.100(d),
266.100(d)(3),
266.100(d)(3)(i)-(ii
), 266.100(e)-(h),
266.101(c),
266.101(c)(1),
266.105(c),
266.105(c)(1)-(3),
266.105(d),
266.112(b)(1),
266.112(b)(2)(i),
Appendix VIII.
------------------------------------------------------------------------
RCRA Cluster XII
------------------------------------------------------------------------
Hazardous Air Pollutant 67 FR 6968-6996, DRGHW 266.100(a),
Standards for Combustors: 2/14/2002. 266.100(b)(1),
Corrections, Revision 266.110(d)(1)(i)(B),
Checklist 198. 266.100(d)(2)(i)-(ii
), 266.100(d)(3),
266.100(d)(3)(i),
266.100(d)(3)(i)(D).
------------------------------------------------------------------------
RCRA Cluster XV
------------------------------------------------------------------------
Methods Innovation Rule and SW- 70 FR 34538- DRGHW
846 Final Update IIIB, 34592, 6/14/2005 122.19(c)(1)(iii)-(i
Revision Checklist 208. As amended 8/1/ v),
2005, 70 FR 122.22(a)(2)(ii)(B),
44150-44151. 122.62(b)(2)(i)(D),
122.66(c)(2)(i)-(ii)
, 279.10(b)(1)(ii),
279.44(c),
279.53(c),
279.63(c).
DRGHW 260.11,
260.119(a)-(g),
260.22(d)(1)(i),
261.3(a)(2)(v)
introductory
paragraph,
261.21(a)(1),
261.22(a)(1)-(2),
261.35(b)(2)(iii)(A)
-(B), Appendix I,
Appendix II,
Appendix III,
264.190(a),
264.314(b),
264.1034(c)(1)(ii),2
64.1034(c)(1)(iv)(B)
,
264,1034(d)(1)(iii),
264.1034(f),
264.1063(d)(2),
Appendix IX,
265.1034(c)(1)(ii),
265.1034(c)(1)(iv),
265.1034(c)(1)(iv)(A
)-(B),
265.1063(d)(2),
265.1081 ``Waste
stabilization
process'',
265.1084(a)(3)(ii)(C
),
265.1084(a)(3)(iii)
introductory
paragraph,
265.1084(a)(3)(iii)(
A)-(B),
265.1084(b)(3)(iii),
265.1084(b)(3)(iii)(
A)-(B),
265.1084(c)(3)(i),
266.100(d)(1)(ii),
266.100(g)(2),
266.102(b)(1),
266.106(a),
266.112(b)(1),
266.112(b)(2)(i),
Appendix IX,
268.40(b), 268.40.
Table/Footnote 7,
268.40 UTS table
Footnote 4.
------------------------------------------------------------------------
RCRA Cluster XVI
------------------------------------------------------------------------
Burden Reduction Initiative, 71 FR 16862- DRGHW 122.14(a),
Revision Checklist 213. 16915, 4/4/2006. 122.16(a),
122.26(c)(15).
DRGHW 260.31(b)(2)-
(7),
261.4(a)(9)(iii)(E),
261.4(f)(9),
264.16(a)(4),
264.52(b),
264.56(i), 264.56(j)
*, 264.73(b),
introductory
language *,
264.73(b)(1),(2),(6)
*,(8),(10),&(18),
264.98(d) *,
264.98(g)(2)-(3),
264.99(f) *,
264.99(g),
264.100(g) *,
264.115, 264.120,
264.143(i),
264.145(i),
264.147(e), 264.174,
264.191(a),
264.191(b)(5)(ii),
264.192(a),
264.192(b),
264.193(a)(1),
264.193(a)(2),
264.193(i)(2),
264.195(b),
264.195(c),
264.195(d),
264.196(f),
264.251(c),
264.280(b),
264.314(a),
264.314(b)-(e),
264.314(e)(1)-(2),
264.343(a)(2) *,
264.347(d) *,
264.554(c)(2),
264.571(a)-(c),
264.573(a)(4)(ii),
264.573(g),
264.574(a),
264.1061(b)(2) *,
264.1061(b)(3) *,
264.1062(a),
264.1062(a)(2) *,
264.1100
introductory
paragraph,
264.1101(c)(2),
264.1101(c)(4),
265.15(b)(4),
265.52(b), 265.56(i)
*, 265.56(j),
265.73(b),
introductory
language *,
265.73(b)(1),(2),(6)
*,(7),&(8),
265.90(e)(1) *,
265.90(e)(3) *,
265.93(d)(2) *,
265.93(d)(5) *,
265.115, 265.120,
265.143(h),
265.145(h),
265.147(h), 265.174,
265.191(a),
265.191(b)(5)(ii),
265.192(a),
265.192(b),
265.193(a)(1),
265.193(a)(2),
265.193(i)(2),
265.193(f)(1),
265.195(a),
265.195(a)(1),(2),&(
4), 265.196(f) *,
265.195(c) *,
265.201, 265.221(a),
265.224, 265.224(a)
*, 265.259(a) *,
265.280(e),
265.301(a),
265.303(a) *,
265.314(a),
265.314(b)-(f),
265.314(f)(1),
265.314(f)(2),
265.441(a),
265.441(b),
265.441(c),
265.443(a)(4)(ii),
265.443(g),
265.444(a),
265.1061(b),
265.1061(b)(1) *
265.1061(d) *,
265.1062(a),
265.1062(a)(2) *
265.1100
introductory
paragraph,
265.1101(c)(2),
265.1101(c)(4),
266.102(e)(10) *,
266.103(d) *,
266.103(k) *,
268.7(a)(1),
268.1(a)(2),
268.7(b)(6),
268.9(a), 268.9(d).
------------------------------------------------------------------------
RCRA Cluster XXI
------------------------------------------------------------------------
Removal of Saccharin and Its 75 FR 78918- DRGHW 261.33(f)
Salts from the Lists of 78926, 12/17/ Table, 261 Appendix
Hazardous Constituents, 2010, Effective VIII, 268.40 Table
Revision Checklist 225. 1/18/2011. of Treatment
Standards, 268
Appendix VII.
[[Page 74974]]
Revision of the Land Disposal 76 FR 34147- DRGHW 268.40 Table of
Treatment Standards for 34157, 6/13/2011. Treatment Standards,
Carbamate Wastes, Revision 268.48 Table of UTS-
Checklist 227. Universal Treatment
Standards.
------------------------------------------------------------------------
RCRA Cluster XXII
------------------------------------------------------------------------
Hazardous Waste Technical 77 FR 22229- DRGHW 261.32(a)
Corrections and 22232, 4/13/2012. Table, 266.20(b).
Clarifications Rule, Revision
Checklist 228.
------------------------------------------------------------------------
RCRA Cluster XXIII
------------------------------------------------------------------------
Hazardous Waste Electronic 79 FR 7518-7563, DRGHW 260.2(a)-(b),
Manifest Rule, Revision 2/7/2014. 260.10,
Checklist 231. 262.20(a)(3),
262.20(a)(3)(i)-(ii)
262.24, 262.25,
263.20(a)(1)-(8),
263.25,
264.71(a)(2)(i)-(v),
264.71(a)(2)(vi),
264.71(f)-(k),
265.71(a)(2),
265.71(a)(2)(i)-(vi)
, 265.71(f)-(k).
Revisions to the Export 79 FR 36220- DRGHW 260.10, 261.39
Provisions of the Cathode Ray 36231, 6/26/2014. *,
Tube (CRT) Rule, Revision 261.39(a)(5)(i)(F)
Checklist 232. *, 261.39(a)(5)(x)-
(xi) *, 261.41 *.
------------------------------------------------------------------------
RCRA Cluster XXIV
------------------------------------------------------------------------
Changes affecting all non- 80 FR 1694-1814, DRGHW 260.31(c),
waste determinations and 1/13/2015. 260.31(c)(1)-(5),
variances More stringent for 260.33 section
all state programs Revisions heading *, 260.33(c)-
to the Definition of Solid (e) *, 260.42
Waste, Revision Checklist section heading,
233A. 260.42(a) *,
260.42(a)(1)-(9),
260.42(b).
Legitimacy-related provisions, 80 FR 1694-1814, DRGHW 260.10
including prohibition of sham 1/13/2015. ``contained'',
recycling, definition of 260.10 ``Hazardous
legitimacy, definition of secondary
contained More stringent for material'',
all state programs. Revisions 260.43(a) section
to the Definition of Solid heading, 260.43(a),
Waste, Revision Checklist 260.43(a)(1),
233B. 260.43(a)(1)(i)-(v),
260.43(a)(2),
260.43(a)(2)(i)-(ii)
, 260.43(a)(3),
260.43(a)(4),
260.43(a)(4)(i),
260.43(a)(4)(i)(A)-(
B),
260.43(a)(4)(ii),
260.43(a)(4)(ii)(A)-
(B),
260.43(a)(4)(iii),
260.43(b)-(c),
261.2(b)(4),
261.2(g).
Speculative Accumulation, 80 FR 1694-1814, DRGHW 261.1(c)(8).
Revisions to the Definition 1/13/2015.
of Solid Waste, Revision
Checklist 233C.
------------------------------------------------------------------------
Consolidated Checklist C9
------------------------------------------------------------------------
Land Disposal Restrictions, as 40 CFR part 268.. DRGHW part 268.
of June 30, 2018.
------------------------------------------------------------------------
\1\ A Revision Checklist is a document that addresses the specific
revisions made to the Federal regulations by one or more related final
rules published in the Federal Register. EPA develops these checklists
as tools to assist States in developing their authorization
applications and in documenting specific State analogs to the Federal
regulations. For more information see EPA's RCRA State Authorization
web page at https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra.
\2\ Unless otherwise indicated, all Delaware citations are from the
state's 2021 regulations.
H. Where are the revised Delaware rules different from the Federal
rules?
1. Delaware Requirements That Are More Stringent Than the Federal
Program
Delaware's hazardous waste program contains several provisions that
are more stringent than the RCRA program. The more stringent provisions
are part of the Federally authorized program and are, therefore,
federally enforceable. The specific more stringent provisions are also
noted with an asterisk in Table 1 of this preamble and in Delaware's
authorization application. They include, but are not limited to, the
following:
(a) The Federal regulations, at 40 CFR 260.21(d), state that any
person may petition for a regulatory amendment to add a testing or
analytical method. Delaware's regulations do not allow such petitions
and, as a result, are more stringent than the federal requirement.
(b) The Federal regulations, at 40 CFR 260.33, detail the
procedures the Administrator will use in evaluating applications for
variances from classification as a solid waste, for variances to be
classified as a boiler, or for non-waste determinations. The Delaware
regulations, at DRGHW 260.33, detail the procedures the Secretary of
DNREC will use in evaluating applications for variances from
classification as solid waste or variances to be classified as a
boiler. The Delaware regulations do not allow applications for non-
waste determinations and, as such, are more stringent than the Federal
requirements.
(c) The Federal regulations, at 40 CFR 260.42(a), state that
facilities managing hazardous secondary materials under an approved
variance must send a notification to EPA every two years. The Delaware
regulations, at DRGHW 260.42(a), require notifications to DNREC every
year. Because Delaware requires annual notifications while EPA requires
notifications every two years, this Delaware requirements is more
stringent than the Federal requirement.
(d) The Federal regulations, at 40 CFR 261.39, include a list of
conditions that used, broken CRTs must meet in order to be excluded
from consideration as solid wastes. The Delaware regulations, at DRGHW
261.39 and 261.41(a), specify that CRTs are considered solid waste but
used, intact or broken CRTs are not hazardous waste if they meet the
listed
[[Page 74975]]
conditions. Because the Delaware regulations do not exclude CRTs from
consideration as solid wastes, the state requirements are more
stringent than the Federal requirements. Additionally, the Federal
regulations, at 40 CFR 261.39(a)(5)(i)(F), (a)(5)(x), and (a)(5)(xi),
require exporters of used, broken CRTs to notify EPA of an intended
export before the CRTs are scheduled to leave the United States, to
file with EPA an annual report summarizing the quantities, frequency of
shipment, and ultimate destination(s) of all used CRTs exported during
the previous calendar year. The Delaware regulations, at DRGHW
261.39(a)(5)(i)(F), (a)(5)(x), and (a)(5)(xi), require that exporters
of used, intact or broken CRTs notify both EPA and the DNREC Secretary
of an intended export before the CRTs are scheduled to leave the United
States, and that the annual report be filed with EPA, with a copy sent
to the DNREC Secretary. Because Delaware's requirements apply to
exporters of intact CRTs in addition to exporters of used, broken CRTs,
and because the Delaware regulations require exporters to notify DNREC
in addition to EPA, the Delaware regulations are more stringent than
the Federal requirements.
(e) In several places, the Federal regulations require that notices
and reports be submitted to the Agency. Delaware's regulations also
require the submittal of those notices and reports, but additionally
require that the notices and reports be submitted to the Secretary of
DNREC. These additional requirements are found at DRGHW 261.41(b) and
(c), 264.56(j), and 264.343(a)(2). Additionally, Delaware regulations
require that notifications and documents be provided to the Secretary
in a number of instances where the Federal regulations do not require
such notifications or submittals. These additional requirements are
found at DRGHW 264.1061(b)(1), 264.1062(a)(2), 265.56(i), 265.90(e)(1)
and (e)(3), 265.93(d)(2) and (d)(5), 265.196(f), 265.224(a),
265.259(a), 265.303(a), 265.1061(b)(1), 265.1061(d), and
265.1062(a)(2). As a result, the above Delaware regulations are more
stringent than the Federal requirements.
(f) The Federal regulations, at 40 CFR 262.14(a)(5)(iv) and (v),
allows very small quantity generators (VSQGs) to either treat or
dispose of their hazardous waste in an on-site facility or ensure
delivery to an off-site treatment, storage, or disposal facility as
long as the facility is in the United States and is permitted,
licensed, or registered by a state to manage municipal solid waste or
non-municipal non-hazardous waste. Delaware has reserved the analogous
subsections at DRGHW 262.14(a)(6)(iv) and (v), and does not allow VSQG
waste to be sent to non-hazardous waste landfills. As a result, the
Delaware regulations are more stringent than the Federal requirements.
(g) The Federal regulations, at 40 CFR 264.73(b), introductory
language, 264.73(b)(6) and (b)(18), 264.347(d), 265.73(b), introductory
language, 265.73(b)(6), and 266.102(e)(10) require that facilities
record and maintain certain records for three or five years, as
specified. The Delaware regulations, at DRGHW 264.73(b), introductory
language, 264.73(b)(6), 264.347(d), 265.73(b), introductory language,
265.73(b)(6), and 266.102(e)(10) require facilities to maintain those
records until closure of the facility. Additionally, at 40 CFR
266.103(d) and (k), the Federal regulations require owners or operators
to recertify compliance within five years from submitting the previous
certification and to maintain required records for five years, while
the Delaware regulations, at DRGHW 266.103(d) and (k), require
recertification within three years and maintenance of the records until
closure of the unit. As a result, the above Delaware regulations are
more stringent than the Federal requirements.
(h) The Federal regulations, at 40 CFR 264.98(d) and 264.99(f),
state that the Regional Administrator will specify the frequencies for
collecting samples and conducting statistical tests to determine
whether there is statistically significant evidence of contamination.
The Delaware regulations, at DRGHW 264.98(d) and 264.99(f), specify
that a sequence of at least four samples from each well must be
collected at least semi-annually. Because of this additional
requirement, the above Delaware regulations are more stringent than the
Federal requirements.
(i) The Federal regulations, at 40 CFR 264.100(g), require owners
or operators to submit written reports on the effectiveness of the
corrective action program on an annual basis. The Delaware regulations,
at DRGHW 264.100(g), require that these reports be submitted semi-
annually. As a result, the Delaware regulations are more stringent than
the Federal requirements.
(j) The Federal regulations, at 40 CFR 264.113(d) and (e),
authorize the Regional Administrator to allow closed facilities to
accept non-hazardous waste if they meet certain requirements. Delaware
did not adopt these two subparagraphs. Therefore, in this respect, the
Delaware requirements are more stringent than the Federal program.
(k) The Federal regulations, at 40 CFR 265.113(e), allow owners or
operators of a hazardous waste surface impoundment that is not in
compliance with the liner and leachate collection system to operate as
long as they meet certain listed requirements. Delaware's regulations
do not allow these activities at all. As a result, the Delaware
regulations are more stringent than the Federal requirements.
(l) Delaware's regulations, at DRGHW 265.195(a), state that owners
or operators of facilities that use tank systems for storing or
treating hazardous waste must inspect specified areas at least once
each operating day. The Federal regulations, at 40 CFR 265.195(b),
include the same requirement. Additionally, at 40 CFR 265.195(c), the
Federal regulations allow certain facilities to inspect those areas
weekly. The Delaware regulations do not allow for this alternate
inspection schedule and, as a result, are more stringent than the
Federal requirements in this respect.
(m) The Federal regulations, at 40 CFR 265.195(f) and (g), require
an owner or operator of a facility with tank systems to inspect
cathodic protection systems and keep records of the inspections. The
Delaware regulations, at DRGHW 265.195(b) and (c), include the same
requirements. Additionally, DRGHW 265.195(c) provides that generators
must submit a written record of inspections and maintain the record
onsite for a minimum of three years. This additional requirement for
generators is more stringent than the Federal requirements.
I. Who handles permits after the authorization takes effect?
After this authorization revision, Delaware will continue to issue
permits covering all the provisions for which it is authorized and will
administer all such permits. EPA will continue to administer any RCRA
hazardous waste permits or portions of permits that it issued prior to
the effective date of this authorization until the timing and process
for effective transfer to the State are mutually agreed upon. Until
such time as EPA formally transfers responsibility for a permit to
Delaware and EPA terminates its permit, EPA and Delaware agree to
coordinate the administration of such permit in order to maintain
consistency. EPA will not issue any more new permits or new portions of
permits for the provisions listed in Section G of this preamble after
the effective date of this authorization. EPA will continue to
implement and issue permits for HSWA requirements
[[Page 74976]]
for which Delaware is not yet authorized.
J. How does this action affect Indian Country (18 U.S.C. 115) in
Delaware?
Delaware is not seeking authority to operate the program on Indian
lands, since there are no Federally-recognized Indian Lands in
Delaware.
K. What is codification and is EPA codifying Delaware's hazardous waste
program as authorized in this rule?
Codification is the process of placing a state's statutes and
regulations that comprise the state's authorized hazardous waste
program into the Code of Federal Regulations. We do this action by
referencing the authorized state rules in 40 CFR part 272. On January
31, 1986, EPA codified the initial EPA-approved Delaware State program
in 40 CFR part 272 subpart I (51 FR 3954). The current codification is
out of date because the authorized Delaware State program has been
amended since 1986. EPA is now removing and reserving the language in
40 CFR part 272 subpart I, Sec. Sec. 272.400 and 272.401. EPA's
initial January 1986 authorized program approval and all subsequent
updates have been accomplished through notice-and-comment rulemaking,
and EPA believes the scope and content of the authorized Delaware State
Program is sufficiently clear without codification in 40 CFR part 272.
L. Administrative Requirements
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). Therefore, this action
is not subject to review by OMB. This action authorizes State
requirements pursuant to RCRA section 3006 and imposes no additional
requirements beyond those imposed by State law. Accordingly, 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
(Pub. L. 104-4). 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).
In any case, Executive Order 13175 does not apply to this rule since
there are no Federally recognized tribes in Delaware.
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 concern environmental health or safety
risks that may disproportionately affect children. This rule 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), 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 EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that satisfies the requirements of RCRA. Thus, the requirements of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note, section 12(d)(3)) do not apply.
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
EPA has complied with Executive Order 12630 (53 FR 8859, March 18,
1988) by examining the takings implications of the rule in accordance
with the Attorney General's Supplemental Guidelines for the Evaluation
of Risk and Avoidance of Unanticipated Takings issued under the
executive order.
This rule 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 rule 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, the rule is not subject to Executive Order 12898.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. 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). However,
this action will not be effective until February 6, 2023 because it is
a direct final rule.
List of Subjects
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.
40 CFR Part 272
Environmental protection, Hazardous materials transportation,
Hazardous waste, Incorporation by reference, Intergovernmental
relations, Water pollution control, Water supply.
Authority: This action is issued under the authority of sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as
[[Page 74977]]
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
Adam Ortiz,
Regional Administrator, U.S. EPA Region III.
For the reasons set forth in the preamble, 40 CFR part 272 is
amended as follows:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
0
1. The authority citation for part 272 continues to read as follows:
Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
Sec. Sec. 272.400 and 272.401 [Removed and Reserved]
0
2. Remove and reserve Sec. Sec. 272.400 and 272.401.
[FR Doc. 2022-22799 Filed 12-6-22; 8:45 am]
BILLING CODE 6560-50-P
