South Carolina: Final Authorization of State Hazardous Waste Management Program Revisions, 29878-29879 [2023-08991]

Download as PDF 29878 Federal Register / Vol. 88, No. 89 / Tuesday, May 9, 2023 / Proposed Rules (e) Contingent liability interest-free loans—(1) Treatment as loans. In the case of an interest-free loan, for which the repayment obligation is contingent upon the company taking some future action or achieving some goal in fulfillment of the loan’s requirements, the Secretary normally will treat any balance on the loan outstanding during a year as an interest-free, short-term loan in accordance with paragraphs (a), (b), and (c)(1) of this section. However, if the event upon which repayment of the loan depends will occur at a point in time more than one year after the receipt of the contingent liability loan, the Secretary will use a long-term interest rate as the benchmark in accordance with paragraphs (a), (b), and (c)(2) of this section. In no event may the present value (in the year of receipt of the contingent liability loan) of the amounts calculated under this paragraph exceed the principal of the loan. (2) Treatment as grants. If, at any point in time, the Secretary determines that the event upon which repayment depends is not a viable contingency, the Secretary will treat the outstanding balance of the loan as a grant received in the year in which this condition manifests itself. ■ 13. In § 351.507, revise paragraph (c) and add paragraph (d) to read as follows: § 351.507 Equity. ddrumheller on DSK120RN23PROD with PROPOSALS1 * * * * * (c) Outside investor standard. Any analysis made under paragraph (a) of this section will be based upon the standard of a new private investor. The Secretary normally will consider whether an outside private investor, under its usual investment practice, would make an equity investment in the firm, and not whether a private investor who has already invested in the firm would continue to invest in the firm. (d) Allocation of benefit to a particular time period. The benefit conferred by an equity infusion shall be allocated over a period of 12 years or the same time period as a non-recurring subsidy under § 351.524(d), whichever is longer. ■ 14. In § 351.508, revise paragraph (c)(1) to read as follows: § 351.508 Debt forgiveness. * * * * * (c) * * * (1) In general. The Secretary will treat the benefit determined under paragraph (a) of this section as a non-recurring subsidy and will allocate the benefit to a particular year in accordance with VerDate Sep<11>2014 17:28 May 08, 2023 Jkt 259001 § 351.524(d), or over a period of 12 years, whichever is longer. * * * * * ■ 15. In § 351.509, add paragraph (d) to read as follows: § 351.509 Direct taxes. * * * * * (d) Benefit not tied to particular markets or products. If a program provides for a full or partial exemption, reduction, credit or remission of an income tax, the Secretary normally will consider any benefit to be not tied with respect to a particular market under § 351.525(b)(4) or to a particular product under § 351.525(b)(5). ■ 16. In § 351.511, add paragraph (a)(2)(v) to read as follows: § 351.511 Provision of goods or services. (a) * * * (2) * * * (v) Exclusion of certain prices. In measuring the adequacy of remuneration under this section, if parties have demonstrated, with sufficient information, that certain prices are derived from countries with weak, ineffective, or nonexistent property (including intellectual property), human rights, labor, or environmental protections, and that the lack of such protections would likely impact such prices, the Secretary may exclude those prices from its analysis. * * * * * ■ 17. In § 351.520, revise paragraph (a)(1) to read as follows: § 351.520 § 351.525 Calculation of ad valorem subsidy rate and attribution of subsidy to a product. * * * * * (b) * * * (2) Export subsidies. The Secretary will normally attribute an export subsidy only to products exported by a firm. (3) Domestic subsidies. The Secretary will normally attribute a domestic subsidy to all products sold by a firm, including products that are exported. * * * * * ■ [Removed and Reserved] 19. Remove and reserve § 351.527. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 20. Add § 351.529 to read as follows: § 351.529 Certain fees, fines, and penalties. (a) Financial contribution. When determining if a fee, fine, or penalty that is otherwise due, has been forgone or not collected, within the meaning of section 771(5)(D)(ii) of the Act, the Secretary may conclude that a financial contribution exists if information on the record demonstrates that payment was otherwise required and was not made, in full or in part. In making such a determination, the Secretary will not be required to consider whether the government took efforts to seek payment or grant deferral, or otherwise acknowledged nonpayment, of the fee, fine, or penalty. (b) Benefit. If the Secretary determines that the government has exempted or remitted in part or in full, a fee, fine, or penalty under paragraph (a) of this section, a benefit exists to the extent that the fee, fine or penalty paid by a party is less than if the government had not exempted or remitted that fee, fine, or penalty. Further, if the government is determined to have deferred the payment of the fee, fine, or penalty, in part or in full, a benefit exists to the extent that appropriate interest charges are not collected. Normally, a deferral of payment of fees, fines, or penalties will be treated as a government provided loan in the amount of the payments deferred, according to the methodology described in § 351.505. [FR Doc. 2023–09052 Filed 5–8–23; 8:45 am] Export insurance. (a) * * * (1) In general. In the case of export insurance, a benefit exists if the premium rates charged are inadequate to cover the long-term operating costs and losses of the program normally over a five-year period. * * * * * ■ 18. In § 351.525, revise paragraphs (b)(2) and (3) to read as follows: § 351.527 ■ BILLING CODE 3510–DS–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA–R04–RCRA–2022–0042; FRL–10671– 01–R4] South Carolina: Final Authorization of State Hazardous Waste Management Program Revisions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: South Carolina has applied to the EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. The EPA has reviewed South Carolina’s application and has determined, subject to public comment, that these changes satisfy all requirements needed to qualify for final authorization. Therefore, in the ‘‘Rules and SUMMARY: E:\FR\FM\09MYP1.SGM 09MYP1 Federal Register / Vol. 88, No. 89 / Tuesday, May 9, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 Regulations’’ section of this Federal Register, we are authorizing South Carolina for these changes as a direct final action without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule. DATES: Comments must be received on or before June 8, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– RCRA–2023–0042, 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 VerDate Sep<11>2014 17:28 May 08, 2023 Jkt 259001 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: davis.leah@epa.gov. SUPPLEMENTARY INFORMATION: This document proposes to take action on PO 00000 Frm 00031 Fmt 4702 Sfmt 9990 29879 South Carolina’s changes to its hazardous waste management program under the Resource Conservation and Recovery Act (RCRA), as amended. We have published a direct final action authorizing these changes in the ‘‘Rules and Regulations’’ section of this Federal Register because we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reasons for this action in the preamble to the direct final action. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final action and it will not take effect. We would then address all public comments in a subsequent final action and base any further decision on the authorization of the State program changes after considering all comments received during the comment period. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information provided in the ADDRESSES section of this document. Dated: March 30, 2023. Daniel Blackman, Regional Administrator, Region 4. [FR Doc. 2023–08991 Filed 5–8–23; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\09MYP1.SGM 09MYP1

Agencies

[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Proposed Rules]
[Pages 29878-29879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08991]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2022-0042; FRL-10671-01-R4]


South Carolina: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: South Carolina has applied to the EPA for final authorization 
of changes to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA), as amended. The EPA has reviewed 
South Carolina's application and has determined, subject to public 
comment, that these changes satisfy all requirements needed to qualify 
for final authorization. Therefore, in the ``Rules and

[[Page 29879]]

Regulations'' section of this Federal Register, we are authorizing 
South Carolina for these changes as a direct final action without a 
prior proposed rule. If we receive no adverse comment, we will not take 
further action on this proposed rule.

DATES: Comments must be received on or before June 8, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2023-0042, 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: This document proposes to take action on 
South Carolina's changes to its hazardous waste management program 
under the Resource Conservation and Recovery Act (RCRA), as amended. We 
have published a direct final action authorizing these changes in the 
``Rules and Regulations'' section of this Federal Register because we 
view this as a noncontroversial action and anticipate no adverse 
comment. We have explained our reasons for this action in the preamble 
to the direct final action.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final action and it will not take effect. We would then 
address all public comments in a subsequent final action and base any 
further decision on the authorization of the State program changes 
after considering all comments received during the comment period.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

    Dated: March 30, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2023-08991 Filed 5-8-23; 8:45 am]
BILLING CODE 6560-50-P
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