Montana: Final Authorization of State Hazardous Waste Management Program Revisions and Incorporation by Reference, 55394-55401 [2023-17367]
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55394
Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Rules and Regulations
Reform Act of 1995 (2 U.S.C. 1531–
1538). For the same reason, this action
also does not significantly or uniquely
affect the communities of tribal
governments, as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000). This action will not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
authorizes State requirements as part of
the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant, and it does not
make decisions based on environmental
health or safety risks. This action is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA section 3006(b), the EPA
grants a state’s application for
authorization as long as the state meets
the criteria required by RCRA. It would
thus be inconsistent with applicable law
for the EPA, when it reviews a state
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in taking
this action, the EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. The
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
this action in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order. This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
‘‘Burden’’ is defined at 5 CFR 1320.3(b).
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Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
Because this action authorizes preexisting State rules which are at least
equivalent to, and no less stringent than
existing federal requirements, and
imposes no additional requirements
beyond those imposed by State law, and
there are no anticipated significant
adverse human health or environmental
effects, this rule is not subject to
Executive Order 12898.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of Sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: August 8, 2023.
David W. Cash,
Regional Administrator, U.S. EPA Region 1.
[FR Doc. 2023–17387 Filed 8–14–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 271 and 272
[EPA–R08–RCRA–2023–0033; FRL–10606–
02–R8]
Montana: Final Authorization of State
Hazardous Waste Management
Program Revisions and Incorporation
by Reference
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The State of Montana
Department of Environmental Quality
has applied to the Environmental
Protection Agency (EPA) for final
authorization of the changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). The EPA has determined
SUMMARY:
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that these changes satisfy all
requirements needed to qualify for final
authorization, and is authorizing the
State’s changes through this direct final
action. The EPA uses the regulations
entitled ‘‘Approved State Hazardous
Waste Management Programs’’ to
provide notice of the authorization
status of State programs and to
incorporate by reference those
provisions of State statutes and
regulations that will be subject to the
EPA’s inspection and enforcement. This
rule also codifies in the regulations the
approval of Montana’s hazardous waste
management program and incorporates
by reference the authorized provisions
of the State’s regulations.
DATES: This direct final rule is effective
on October 16, 2023 unless EPA
receives adverse written comment by
September 14, 2023. If the EPA receives
any such comment, we will publish a
timely withdrawal of this direct final
rule in the Federal Register informing
the public that the rule will not take
effect. The Director of the Federal
Register approves the incorporation by
reference as of October 16, 2023, in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
RCRA–2023–0033; FRL–10606–02–R8
by one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: lin.moye@epa.gov.
3. Fax: (303) 312–6341 (prior to
faxing, please notify the EPA contact
listed below).
4. Mail, Hand Delivery or Courier:
Moye Lin, Resource Conservation and
Recovery Act Branch, EPA Region 8,
Mailcode 8P–R, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. Courier
or hand deliveries are only accepted
during the Regional Office’s normal
hours of operation. The public is
advised to call in advance to verify
business hours. Special arrangements
should be made for deliveries of boxed
information.
Instructions: EPA must receive your
comments by September 14, 2023.
Direct your comments to EPA–R08–
RCRA–2023–0033; FRL–10606–02–R8.
The EPA’s policy is that all comments
received will be included in the public
docket without change and may be
available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
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whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
regulations.gov, or email. The Federal
https://www.regulations.gov website is
an ‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment with any CD
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
For alternative access to docket
materials, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Moye Lin, Resource Conservation and
Recovery Act Branch, EPA Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129; telephone number: (303)
312–6667; email address: lin.moye@
epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Authorization of Revisions to
Montana’s Hazardous Waste Program
A. Why are revisions to State programs
necessary?
States which 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
changes, States must change their
programs and ask EPA to authorize the
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changes. Changes to State programs may
be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to EPA’s regulations in 40 Code
of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273 and 279.
B. What authorization decisions has the
EPA made in this rule?
On May 31, 2022, Montana submitted
a final complete program revision
application seeking authorization of
changes to its hazardous waste program.
The EPA concludes that Montana’s
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we grant Montana
final authorization to operate its
hazardous waste program with the
changes described in the authorization
application. Montana has responsibility
for permitting Treatment, Storage, and
Disposal Facilities (TSDFs), and for
carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA),
for all areas within the State, except for
(1) lands located within formal Indian
Reservations within or abutting the
State of Montana, including Blackfeet
Indian Reservation, Crow Tribe of
Montana Indian Reservation, Flathead
Indian Reservation, Fort Belknap Indian
Reservation, Fort Peck Indian
Reservation, Northern Cheyenne Indian
Reservation, Rocky Boy’s Indian
Reservation, (2) any land held in trust
by the United States for an Indian tribe,
(3) and any other land, whether on or
off a reservation that qualifies as
‘‘Indian country’’ within the meaning of
18 U.S.C. 1151. 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 requirements and
prohibitions in Montana, including
issuing permits, until Montana is
authorized to do so.
C. What is the effect of today’s
authorization decision?
The effect of this decision is that a
facility in Montana subject to RCRA will
have to comply with the authorized
State requirements instead of the
equivalent Federal requirements in
order to comply with RCRA. The State
of Montana will continue to have
enforcement responsibilities under its
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55395
State hazardous waste program for
violations of such program, but the EPA
retains its authority under RCRA
sections 3007, 3008, 3013, and 7003,
which include, among others, authority
to:
• Conduct inspections and require
monitoring, tests, analyses, or reports;
• Enforce RCRA requirements;
suspend or revoke permits; and
• Take enforcement actions after
notice to and consultation with the
State.
This action to approve these
provisions would not impose additional
requirements on the regulated
community because the regulations for
which the State of Montana is
requesting authorization are already
effective under State law and are not
changed by the act of authorization.
D. Why is the EPA using a direct final
rule?
The EPA is publishing this rule
without a prior proposal because we
view this as a noncontroversial action
and anticipate no adverse comment.
However, in the ‘‘Proposed Rules’’
section of this Federal Register, we are
publishing a separate document that
will serve as the proposed rule allowing
the public an opportunity to comment.
We will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For further information about
commenting on this rule, see the
ADDRESSES section of this document.
E. What happens if EPA receives
comments opposing this action?
If EPA receives comments that oppose
this authorization, we will publish a
timely withdrawal in the Federal
Register informing the public that this
direct final rule will not take effect. We
will address all public comments in a
later Federal Register. You will not
have another opportunity to comment,
therefore, if you want to comment on
this action, you must do so at this time.
F. For what has Montana previously
been authorized?
Montana initially received final
authorization on July 11, 1984, effective
July 25, 1984 (49 FR 28245) to
implement the RCRA hazardous waste
management program. We granted
authorization for changes to their
program on: January 19, 1994, effective
March 21, 1994 (59 FR 2752); October
25, 1996, effective December 24, 1996
(61 FR 55223); December 26, 2000,
effective December 26, 2000 (65 FR
81381); September 30, 2005, effective
November 29, 2005 (70 FR 57152); and,
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Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Rules and Regulations
April 27, 2009, effective June 26, 2009
(79 FR 18997).
G. What changes is EPA authorizing
with this action?
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On May 31, 2022, the State of
Montana submitted a final complete
program revision application, seeking
authorization of their changes in
accordance with 40 CFR 271.21. We
now make a final decision, subject to
receipt of written comments that oppose
this action, that Montana’s hazardous
waste program satisfies all of the
requirements necessary to qualify for
final authorization. Therefore, we grant
Montana final authorization for the
following changes:
1. Program Revision Changes for Federal
Rules
The State of Montana revisions
consist of regulations which specifically
govern Federal hazardous waste
revisions promulgated between July 1,
2006 and June 30, 2021, Revision
Checklists 214, 215, 217, 218, 220, 222
and 223, Rule 225, and Revision
Checklists 226 through 243 (RCRA
Clusters XVII through XXIX). The State
requirements from its Hazardous Waste
Rules, Administrative Rules of Montana
(ARM), Environmental Quality, Title 17,
Chapter 53, sections 17.53.101 through
17.53.1502 are listed in the chart below.
Description of Federal requirement
Federal Register date and page
1. Corrections to Errors in the Code of Federal Regulations (Checklist 214).
71 FR 40254; 07/14/06 .................
2. Cathode Ray Tubes Rule (Checklist 215) ..............
3. NESHAP: Final Standards for Hazardous Waste
Combustors (Phase I Final Replacement Standards and Phase II) Amendments (Checklist 217).
4. F019 Exemption for Wastewater Treatment
Sludges from Auto Manufacturing Zinc
Phosphating Processes (Checklist 218).
5. Academic Laboratories Generator Standards
(Checklist 220).
6. OECD Requirements; Export Shipments of Spent
Lead-Acid Batteries (Checklist 222).
74 FR 42928; 07/28/06 .................
73 FR 18970; 04/08/08 .................
Administrative Rules of Montana (ARM) Title 17,
Chapter 53, 17.53.301(1), 17.53.404(1),
17.53.405(5), 17.53.501(1), 17.53.601(1),
17.53.801(1), 17.53.901(1), 17.53.1001(1),
17.53.1501(1), 17.53.1101(1), 17.53.1201(1),
17.53.1301(1), 17.53.1401(1).
ARM 17.53.301(1), 17.53.501(1), 17.53.107(3).
ARM 17.53.801(1), 17.53.1001(1).
73 FR 31756; 06/04/08 .................
ARM 17.53.501(1).
73 FR 72912; 12/1/08 ...................
ARM 17.53.501(1), 17.53.601(1).
75 FR 1236; 01/08/10 ...................
7. Hazardous Waste Technical Corrections and Clarifications (Checklist 223).
75 FR 1298; 03/18/10 75 FR
31713–31717; 06/04/10.
8. Removal of Saccharin and Its Salts from the List
of Hazardous Constituents (Rule 225).
9. Academic Laboratories Generator Standards
Technical Corrections (Checklist 226).
10. Revision of the Land Disposal Treatment Standards for Carbamate Wastes (Checklist 227).
11. Hazardous Waste Technical Corrections and
Clarifications Checklist 228).
12. Solvent Contaminated Wipes (Checklist 229) ......
13. Conditional Exclusion for Carbon Dioxide (CO2)
Streams in Geologic Sequestration Activities
(Checklist 230).
14. Hazardous Waste Electronic Manifest Rules
(Special Consolidated Checklist for Checklists 231
and 239A).
75 FR 78918; 12/17/10 .................
ARM 17.53.601(1), 17.53.107(3), 17.53.602(7),
17.53.602(10), 17.53.701(1), 17.53.801(1),
17.53.107(3), 17.53.901(1), 17.53.1001(1).
ARM 17.53.301(1), 17.53.501(1), 17.53.601(1),
17.53.701(1), 17.53.801(1), 17.53.901(1),
17.53.1001(1), 17.53.1101(1), 17.53.1201(1).
ARM 17.53.501(1), 17.53.1101(1).
75 FR 79304; 12/20/10 .................
ARM 17.53.601(1).
76 FR 34147; 06/13/11 .................
ARM 17.53.1101(1).
77 FR 22229; 04/13/12 .................
ARM 17.53.501(1), 17.53.1001(1).
78 FR 46448; 07/31/13 .................
79 FR 350; 1/3/14 .........................
ARM 17.53.301(1), 17.53.501(1).
ARM 17.53.301(1), 17.53.501(1).
79 FR 7518; 02/07/14 ...................
83 FR 420; 01/03/18 .....................
15. Revisions to the Export Provisions of the Cathode Ray Tube (CRT) Rule (Checklist 232).
16. Revisions to the Definition of Solid Waste
(Checklists 233A, B, C, D2, and E).
79 FR 36220; 6/26/14 ...................
ARM 17.53.107(2), 17.53.107(3), 17.53.201,
17.53.404(1), 17.53.405, 17.53.601(1),
17.53.602(11) (removed), 17.53.701(1),
17.53.801(1), 17.53.802(5), 17.53.901(1),
17.53.902(6).
ARM 17.53.107(3), 17.53.301(1), 17.53.501(1).
17. Response to Vacaturs of the Comparable Fuels
Rule and the Gasification Rule (Checklist 234).
18. Disposal of Coal Combustion Residuals from
Electric Utilities (Checklist 235).
19. Imports and Exports of Hazardous Waste
(Checklist 236).
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80 FR 1694–1814; 01/13/15 .........
Analogous State authority
ARM 17.53.301(1), 17.53.404(1), 17.53.501(1),
17.53.1201(1).
83 FR 24664–24671; 05/30/18.
80 FR 18777; 4/8/15 .....................
ARM 17.53.501(1).
80 FR 21302; 4/17/15 ...................
ARM 17.53.501(1).
81 FR 85696; 11/28/16 .................
82 FR 41015; 8/29/17 ...................
83 FR 38263; 8/6/18 .....................
ARM 17.53.105(3), 17.53.107(3), 17.53.301(1),
17.53.404(1), 17.53.501(1), 17.53.601(1),
17.53.602(7), 17.53.602(8), 17.53.602(9),
17.53.602(10), 17.53.701(1), 17.53.702(1),
17.53.801(1), 17.53.901(1), 17.53.1001(1),
17.53.1501(1), 17.53.1301(1).
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Description of Federal requirement
Federal Register date and page
Analogous State authority
20. Hazardous Waste Generator Improvements Rule
(Checklist 237).
81 FR 85732; 11/28/16 .................
21. Confidentiality Determinations for Hazardous
Waste Export and Import Documents (Checklist
238).
22. Safe Management of Recalled Airbags (Checklist
240).
23. Management Standards for Hazardous Waste
Pharmaceuticals and Amendment to the P075 Listing for Nicotine (Checklist 241).
83 FR 60894; 12/26/17 .................
ARM 17.53.111(2) introductory paragraph and
(2)(a), 17.53.301(1), 17.53.301(2)(q),
17.53.404(1), 17.53.405(5), 17.53.501,
17.53.502(5), 17.53.601(1), 17.53.602(2) through
(4), (7), and (9) through (13), 17.53.603,
17.53.604, 17.53.701(1), 17.53.702(1),
17.53.801(1), 17.53.802(3), (4), and (6),
17.53.803, 17.53.901(1), 17.53.902(4) through
(6), 17.53.903, 17.53.1001(1), 17.53.1101(1),
17.53.1201(1), 17.53.1301(1), 17.53.1401(1),
17.53.1501(1).
ARM 17.53.107(3), 17.53.201, 17.53.404,
17.53.501(1), 17.53.601(1), 17.53.602(7).
24. Universal Waste Regulations; Addition of Aerosol
Cans Checklist 242).
84 FR 67202; 12/9/19 ...................
25. Modernizing Ignitable Liquids Determinations
(Checklist 243).
85 FR 40594; 07/7/20 ...................
2. State-Initiated Changes
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Montana has made amendments to its
regulations that are not directly related
to any of the Federal rules addressed in
Item G.1 above. These State-initiated
changes are either conforming changes
made to existing authorized provisions,
or the adoption of provisions that clarify
and make the State’s regulations
internally consistent. The State’s
regulations, as amended by these
provisions, provide authority which
remains equivalent to and no less
stringent than the Federal laws and
regulations. These State-initiated
changes are submitted under the
requirements of 40 CFR 271.21(a) and
include the following provisions from
the Administrative Rules of Montana
(ARM), as amended, effective May 14,
2022: ARM 17.53.105(4); 17.53.107(1)
introductory paragraph; 17.53.111(1);
17.53.111(3); 17.53.111(4) (except
phrase addressing fees); 17.53.111(5);
17.53.406; 17.53.602(1); 17.53.1202(1);
17.53.1202(21); and 17.53.1303. In
addition, effective December 25, 2009,
Montana made State-initiated changes
to adopt 40 CFR part 267 by reference
at ARM 17.53.1501 and 17.53.1502. The
State had previously adopted the final
rule, Standardized Permit for RCRA
Hazardous Waste Management
Facilities, (September 8, 2005, 70 FR
53419) without the 40 CFR part 267
provisions. Sections 17.53.1501 and
17.53.1502 have been reviewed by EPA
and are acceptable to be authorized.
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83 FR 61552; 11/30/18 .................
ARM 17.53.301(1), 17.53.501(1), 17.53.601(1).
84 FR 5816; 02/22/19 ...................
ARM 17.53.111(7), 17.53.501(1), 17.53.601(1),
17.53.801(1), 17.53.901(1), 17.53.1001(1),
17.53.1002(9), 17.53.1101(1), 17.53.1201(1),
17.53.1301(1).
ARM 17.153.301(1), 17.53.501(1), 17.53.801(1),
17.53.901(1), 17.53.1101(1), 17.53.1201(1),
17.53.1301(1).
ARM 17.53.105(3), 17.53.404(1), 17.53.501(1).
H. Where are the revised State rules
different from the Federal rules?
The Montana revisions being
authorized in this rule include
provisions that contain purely Federal
functions which are not delegable to
States. The non-delegable Federal
program areas include import/export
requirements reserved as part of the
Federal foreign relations function, and
manifest registry and electronic
manifest functions administered solely
by the EPA. Montana has appropriately
adopted these provisions by leaving the
authority with the EPA for
implementation and enforcement.
When revised State rules differ from
the Federal rules in the RCRA State
authorization process, EPA determines
whether the State rules are equivalent
to, more stringent than, or broader in
scope than the Federal program.
Pursuant to RCRA section 3009, 42
U.S.C. 6929, State programs may
contain requirements that are more
stringent than the Federal regulations.
Such more stringent requirements can
be federally authorized and, once
authorized, become federally
enforceable. Although the statute does
not prevent States from adopting
regulations that are broader in scope
than the Federal program, States cannot
receive Federal authorization for such
regulations, and they are not federally
enforceable.
We consider the following State
requirements to be more stringent than
the Federal requirements: ARM
17.53.502(5), 17.53.602(3), (10), (11),
and (12), 17.53.603(1) introductory
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paragraph, 17.53.603(2), (3), and (4)
because Montana requires an annual
report in lieu of the Federal biennial
reporting requirement. Additionally, we
consider the following State
requirement to be broader in scope than
the Federal: ARM 17.53.111(6) because
Montana requires transporters obtain a
registration from the State.
I. Who handles permits after the
authorization takes effect?
The State of Montana will continue to
issue permits for all the provisions for
which it is authorized and will
administer the permits it issues. The
EPA will continue to administer any
RCRA hazardous waste permits or
portions of permits, which we issued
prior to the effective date of this
authorization, until Montana has
equivalent instruments in place. EPA
will continue to implement and issue
permits for HSWA requirements for
which Montana is not yet authorized.
J. How does today’s action affect Indian
Country (18 U.S.C.1151) in Montana?
Montana is not authorized to carry out
its hazardous waste program in Indian
country, as defined in 18 U.S.C. 1151.
This includes, but is not limited to:
1. Lands within the exterior
boundaries of the following Indian
Reservations located within or abutting
the State of Montana:
a. Blackfeet Tribe of the Blackfeet Indian
Reservation
b. Crow Tribe of Montana
c. Confederated Salish and Kootenai
Tribes of the Flathead Reservation
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d. Fort Belknap Indian Community of
the Fort Belknap Reservation of
Montana
e. Assiniboine and Sioux Tribes of the
Fort Peck Indian Reservation
f. Northern Cheyenne Tribe of the
Northern Cheyenne Indian
Reservation
g. Chippewa Cree Indians of the Rocky
Boy’s Reservation
2. Any land held in trust by the U.S.
for an Indian tribe; and
3. Any other land, whether on or off
a reservation that qualifies as Indian
country within the meaning of 18 U.S.C.
1151.
Therefore, this program revision does
not extend to Indian country where the
EPA will continue to implement and
administer the RCRA program.
II. Incorporation by Reference
A. What is codification?
Codification is the process of
including the statutes and regulations
that comprise the State’s authorized
hazardous waste management program
into the CFR. Section 3006(b) of RCRA,
as amended, allows the Environmental
Protection Agency (EPA) to authorize
State hazardous waste management
programs. The State regulations
authorized by EPA supplant the Federal
regulations concerning the same matter
with the result that after authorization,
EPA enforces the authorized
regulations. Infrequently, State statutory
language which acts to regulate a matter
is also authorized by EPA with the
consequence that EPA enforces the
authorized statutory provision. EPA
does not authorize State enforcement
authorities and does not authorize State
procedural requirements. EPA codifies
the authorized State program in 40 CFR
part 272 and incorporates by reference
State statutes and regulations that make
up the approved program, which is
Federally enforceable in accordance
with sections 3007, 3008, 3013, and
7003 of RCRA, 42 U.S.C. 6927, 6928,
6934 and 6973, and any other applicable
statutory and regulatory provisions.
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B. What is the history of the codification
of Montana’s hazardous waste
management program?
The EPA first incorporated by
reference Montana’s authorized
hazardous waste program effective
January 31, 1986 (51 FR 3954) and
program revisions effective March 8,
2006 (71 FR 11536). In this action, EPA
is revising Subpart BB of 40 CFR part
272 to include the authorization
revision actions described in this
document.
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C. What codification decisions have we
made in this rule?
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference of the
authorized hazardous waste
management program of the State of
Montana. In accordance with
requirements of 1 CFR 51.5, EPA is
finalizing the incorporation by reference
of the Montana rules described in
section I.G. of this preamble and set
forth in the amendments to 40 CFR
272.1351. The EPA has made, and will
continue to make, these documents
available electronically through https://
www.regulations.gov. For alternative
access to docket materials, please
contact the person identified in the
ADDRESSES section of this preamble.
This action codifies EPA’s
authorization of Montana’s base
hazardous waste management program
and its revisions to that program. The
codification reflects the State program
that would be in effect at the time EPA’s
authorized revisions to the Montana
hazardous waste management program
addressed in this direct final rule
become final. This action does not
reopen any decision EPA previously
made concerning the authorization of
the State’s hazardous waste
management program. EPA is not
requesting comments on its decisions
published in the Federal Register
documents referenced in section I.F. of
this document concerning revisions to
the authorized program in Montana.
The EPA is incorporating by reference
EPA’s approval of Montana’s hazardous
waste management program by
amending Subpart BB to 40 CFR part
272. The action amends § 272.1351 and
incorporates by reference Montana’s
authorized hazardous waste regulations,
as amended, effective May 14, 2022.
Section 272.1351 also references the
demonstration of adequate enforcement
authority, including procedural and
enforcement provisions, which provide
the legal basis for the State’s
implementation of the hazardous waste
management program. In addition,
§ 272.1351 references the Memorandum
of Agreement, the Attorney General’s
Statements and the Program
Description, which are evaluated as part
of the approval process of the hazardous
waste management program in
accordance with Subtitle C of RCRA.
D. What is the effect of Montana’s
codification on enforcement?
EPA retains the authority under
statutory provisions, including but not
limited to, RCRA sections 3007, 3008,
3013 and 7003, and other applicable
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statutory and regulatory provisions to
undertake inspections and enforcement
actions and to issue orders in all
authorized States. With respect to
enforcement actions, EPA will rely on
Federal sanctions, Federal inspection
authorities, and Federal procedures
rather than the State analogs to these
provisions. Therefore, the EPA is not
incorporating by reference Montana’s
inspection and enforcement authorities,
nor are those authorities part of
Montana’s approved State program
which operates in lieu of the Federal
program. 40 CFR 272.1351(c)(2) lists
these authorities for informational
purposes, and because EPA also
considered them in determining the
adequacy of Montana’s procedural and
enforcement authorities. Montana’s
authority to inspect and enforce the
State’s hazardous waste management
program requirements continues to
operate independently under State law.
E. What State provisions are not part of
the codification?
The public is reminded that some
provisions of Montana’s hazardous
waste management program are not part
of the federally authorized State
program. These non-authorized
provisions include:
(1) Provisions that are not part of the
RCRA subtitle C program because they
are ‘‘broader in scope’’ than RCRA
subtitle C (see 40 CFR 271.1(i));
(2) State procedural and enforcement
authorities which are necessary to
establish the ability of the State’s
program to enforce compliance but
which do not supplant the Federal
statutory enforcement and procedural
authorities.
State provisions that are ‘‘broader in
scope’’ than the Federal program are not
incorporated by reference in 40 CFR
part 272. For reference and clarity, EPA
lists in 40 CFR 272.1351(c)(3) the
Montana statutory provisions which are
‘‘broader in scope’’ than the Federal
program and which are not part of the
authorized program being incorporated
by reference. While ‘‘broader in scope’’
provisions are not part of the authorized
program and cannot be enforced by
EPA, the State may enforce such
provisions under State law.
F. What will be the effect of codification
on Federal HSWA requirements?
With respect to any requirement(s)
pursuant to HSWA for which the State
has not yet been authorized, and which
EPA has identified as taking effect
immediately in States with authorized
hazardous waste management programs,
EPA will enforce those Federal HSWA
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standards until the State is authorized
for those provisions.
The codification does not affect
Federal HSWA requirements for which
the State is not authorized. EPA has
authority to implement HSWA
requirements in all States, including
States with authorized hazardous waste
management programs, until the States
become authorized for such
requirements or prohibitions, unless
EPA has identified the HSWA
requirement(s) as an optional or as a less
stringent requirement of the Federal
program. A HSWA requirement or
prohibition, unless identified by EPA as
optional or as less stringent, supersedes
any less stringent or inconsistent State
provision which may have been
previously authorized by EPA (50 FR
28702, July 15, 1985).
Some existing State requirements may
be similar to the HSWA requirements
implemented by EPA. However, until
EPA authorizes those State
requirements, EPA enforces the HSWA
requirements and not the State analogs.
III. Administrative Requirements
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Orders
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 and codifies State
requirements for the purpose of RCRA
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
and codifies 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). 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 and codifies State
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requirements as part of the State RCRA
hazardous waste program without
altering the relationship or the
distribution of power and
responsibilities established by RCRA.
This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant, and it does not
make decisions based on environmental
health or safety risks. This 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 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 otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, 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 15, 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.).
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
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55399
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. The EPA will
submit a report containing this
document and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). This action will be
effective October 16, 2023.
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 rule is issued under the
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: August 8, 2023.
KC Becker,
Regional Administrator, Region 8.
For the reasons set forth in the
preamble, under the authority at 42
U.S.C. 6912(a), 6926, and 6974(b), EPA
is granting final authorization under 40
CFR part 271 to the State of Montana for
revisions to its hazardous waste
program under the Resource
Conservation and Recovery Act and is
amending 40 CFR part 272 as follows:
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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).
■
2. Revise § 272.2 to read as follows:
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§ 272.2
Incorporation by reference.
(a) Material listed as incorporated by
reference in part 272 was approved for
incorporation by reference by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. Material is incorporated as
it exists on the date of the approval, and
notice of any change in the material will
be published in the Federal Register.
(b) Copies of materials incorporated
by reference may be inspected at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, email: fr.inspection@
nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html. Copies of materials
incorporated by reference may be
obtained or inspected at the EPA Docket
Center, Office of Land and Emergency
Management Docket (by scheduled
appointment only), located at WJC West
Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004, or
send mail to Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC
20460, and at the library of the
appropriate Regional Office listed
below:
(1) Region 1 (Connecticut, Maine,
Massachusetts, New Hampshire, Rhode
Island, Vermont): 5 Post Office Square,
1st floor, Boston, MA 02109–3912;
phone number: (617) 918–1313,
(2) Region 2 (New Jersey, New York,
Puerto Rico, Virgin Islands): Federal
Office Building, 290 Broadway, 23rd
Floor, New York, NY 10007–1866;
phone number: (212) 637–3185),
(3) Region 3 (Delaware, District of
Columbia, Maryland, Pennsylvania,
Virginia, West Virginia): Four Penn
Center, 1600 John F. Kennedy Blvd.,
Philadelphia, PA 19103–2852; phone
number: (215) 814–5254,
(4) Region 4 (Alabama, Florida,
Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee): 61
Forsyth Street SW, Sam Nunn Atlanta
Federal Center, 9th Floor, Atlanta, GA
30303, (513) 569–7703,
(5) Region 5 (Illinois, Indiana,
Michigan, Minnesota, Ohio, Wisconsin):
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77 West Jackson Boulevard, Chicago, IL
60604; phone number: (312) 886- 6822,
(6) Region 6 (Arkansas, Louisiana,
New Mexico, Oklahoma, Texas): 1201
Elm Street, Suite 500, Dallas, Texas
75270–2102; phone number: (214) 665–
853,
(7) Region 7 (Iowa, Kansas, Missouri,
Nebraska); 11201 Renner Boulevard,
Lenexa, Kansas 66219; phone number:
(919) 541–2777,
(8) Region 8 (Colorado, Montana,
North Dakota, South Dakota, Utah,
Wyoming): 1595 Wynkoop St., Denver,
CO 80202–2405; phone number: (303)
312–6667,
(9) Region 9 (Arizona, California,
Hawaii, Nevada, Guam, American
Samoa, Commonwealth of the Northern
Mariana Islands): 75 Hawthorne Street,
San Francisco, CA 94105; phone
number: (415) 947–4406,
(10) Region 10 (Alaska, Idaho, Oregon,
Washington): 1200 Sixth Avenue,
Seattle, WA 98101; phone number: (206)
553–1289.
(c) For an informational listing of the
state and local requirements
incorporated in this part, see appendix
A to this part.
■ 3. Revise § 272.1351 to read as
follows:
§ 272.1351 Montana State-Administered
Program: Final Authorization.
(a) History of the State of Montana
authorization. Pursuant to section
3006(b) of RCRA, 42 U.S.C. 6926(b),
Montana has final authorization for the
following elements as submitted to EPA
in Montana’s base program application
for final authorization which was
approved by EPA effective on July 25,
1984. Subsequent program revision
applications were approved effective on
March 21, 1994, December 24, 1996,
December 26, 2000, November 29, 2005,
June 26, 2009, and October 16, 2023.
(b) Enforcement authority. The State
of Montana has primary responsibility
for enforcing its hazardous waste
management program. However, EPA
retains the authority to exercise its
inspection and enforcement authorities
in accordance with sections 3007, 3008,
3013, 7003 of RCRA, 42 U.S.C. 6927,
6928, 6934, 6973, and any other
applicable statutory and regulatory
provisions, regardless of whether the
State has taken its own actions, as well
as in accordance with other statutory
and regulatory provisions.
(c) State statutes and regulations—(1)
Incorporation by reference. The
Montana regulations cited in paragraph
(c)(1)(i) of this section are incorporated
by reference as part of the hazardous
waste management program under
Subtitle C of RCRA, 42 U.S.C. 6921 et
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seq. The Director of the Federal Register
approves this incorporation by reference
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. For the availability of
this information at the National
Archives and Records Administration
and at the EPA, see § 272.2(b). You may
obtain copies of the Montana
regulations that are incorporated by
reference in this paragraph from
Montana Secretary of State,
Administrative Rules Services, P.O. Box
202801 Helena, MT 59620–2801, Phone:
(406) 438–6122.
(i) EPA-Approved Montana
Regulatory Requirements Applicable to
the Hazardous Waste Management
Program, dated November 2022.
(ii) [Reserved]
(2) Legal basis. The following
provisions provide the legal basis for the
State’s implementation of the hazardous
waste program, but they are not being
incorporated by reference and do not
replace Federal authorities:
(i) Montana Code Annotated (MCA)
2021, Title 2, ‘‘Government Structure
and Administration,’’ Chapter 3, Public
Participation in Governmental
Operations, sections 2–3–102
introductory paragraph through 2–3–
102(2), 2–3–103(1), 2–3–104, 2–3–105,
2–3–111, 2–3–112, 2–3–221, 2–3–301;
Chapter 4, Administrative Procedure
Act, sections 2–4–103, 2–4–307, 2–4–
315; Chapter 6, Public Records, sections
2–6–1003 and 2–6–1006; Chapter 15,
Executive Branch Officers and Agencies,
sections 2–15–3501 and 2–15–3502.
(ii) Montana Code Annotated (MCA)
2022, Title 25, Civil Procedure: Chapter
20, Rules of Civil Procedure, Rule 24(a)
and (b).
(iii) Montana Code Annotated (MCA)
2021, Title 27, Civil Liability, Remedies,
and Limitations: Chapter 30, Nuisances,
section 27–30–204.
(iv) Montana Code Annotated (MCA)
2021, Title 30, Trade and Commerce:
Chapter 14, Unfair Trade Practices and
Consumer Protection, sections 30–14–
402, et seq.
(v) Montana Code Annotated (MCA)
2021, Title 75, Environmental
Protection: Chapter 10, Waste and Litter
Control, sections 75–10–107, 75–10–
203, 75–10–402(3), 75–10–403 (except
75–10–403(13)), 75–10–404(1)
introductory paragraph and (1)(a), 75–
10–404(1)(b) through (e), 75–10–404(2),
75–10–405 (except 75–10–405(1)(i),
(1)(j) and (2)(a)), 75–10–406, 75–10–408,
75–10–409, 75–10–410, 75–10–411, 75–
10–413, 75–10–414, 75–10–415, 75–10–
416, 75–10–417, 75–10–418, 75–10–419,
75–10–420, 75–10–421, 75–10–422, 75–
10–424, 75–10–425, 75–10–426, 75–10–
427, 75–10–441 and 75–10–442; Chapter
20, Major Facility Siting.
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(vi) Administrative Rules of Montana
(ARM), effective May 14, 2022, Title 17,
Environmental Quality: Chapter 53,
Hazardous Waste, sections 17.53.104,
17.53.201, 17.53.202, 17.53.206,
17.53.207, 17.53.208, 17.53.212,
17.53.213, 17.53.214, 17.53.215,
17.53.1202(6)(m) and (n), 17.53.1202(7).
(3) Related legal provisions. The
following statutory and regulatory
provisions are broader in scope than the
Federal program, are not part of the
authorized program, are not
incorporated by reference and are not
federally enforceable:
(i) Montana Code Annotated (MCA)
2021, Title 75, Environmental
Protection: Chapter 10, Waste and Litter
Control, sections 75–10–403(13), 75–10–
405(1)(i) and (j), 75–10–405(2)(a), 75–
10–431, 75–10–432, 75–10–433, and 75–
10–434.
(ii) Administrative Rules of Montana
(ARM), effective May 14, 2022, Title 17,
Environmental Quality, Chapter 53,
Hazardous Waste, sections 17.53.111(4)
(phrase addressing fees), 17.53.111(6),
17.53.112, 17.53.113, 17.53.301(2)(p)
(phrase addressing fees), 17.53.703,
17.53.1202(6)(l), and 17.53.1202(18).
(4) Memorandum of agreement. The
Memorandum of Agreement between
EPA Region 8 and the State of Montana,
signed by the State of Montana
Department of Environmental Quality
on August 22, 2018, and by the EPA
Regional Administrator on August 2,
2018, although not incorporated by
reference, are referenced as part of the
authorized hazardous waste
management program under subtitle C
of RCRA, 42 U.S.C. 6921 et seq.
(5) Statement of legal authority.
Independent Legal Counsel Statement,
accompanied by an Attorney General
concurrence letter signed by the
Attorney General of Montana on
December 27, 1983 as amended June 7,
1984 and revisions, supplements and
addenda to that Statement accompanied
by Attorney General concurrence letters
dated September 23, 1993, March 28,
1995, June 29, 1995, April 4, 2005,
January 31, 2008 and May 31, 2022,
although not incorporated by reference,
are referenced as part of the authorized
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
(6) Program description. The Program
Description and any other materials
submitted as supplements thereto,
although not incorporated by reference,
are referenced as part of the authorized
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
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Federal Communications
Commission.
ACTION: Final rule.
Commission also amends its rules to
benefit non-Tribal applicants as well, to
simplify and streamline the E-Rate
program for all participants. The
Commission expects that these
measures will provide a meaningful
difference for Tribal communities,
especially Tribal libraries that seek to
participate in the E-Rate program.
DATES: Effective September 29, 2023,
except for §§ 54.503(c)(2)(i)(B) and
54.504(a)(1)(ii), which are delayed
indefinitely. The Commission will
publish a document in the Federal
Register announcing the effective date
for those sections after approved by the
Office of Management and Budget
(OMB) as required by the Paperwork
Reduction Act.
FOR FURTHER INFORMATION CONTACT:
Johnny Roddy johnny.roddy@fcc.gov or
Kate Dumouchel kate.dumouchel@
fcc.gov in the Telecommunications
Access Policy Division, Wireline
Competition Bureau, 202–418–7400 or
TTY: 202–418–0484. Requests for
accommodations should be made as
soon as possible in order to allow the
agency to satisfy such requests
whenever possible. Send an email to
fcc504@fcc.gov or call the Consumer
and Governmental Affairs Bureau at
(202) 418–0530.
SUPPLEMENTARY INFORMATION:
This is a synopsis of the
Commission’s Schools and Libraries
Universal Service Support Mechanism,
Federal-State Joint Board on Universal
Service, and Changes to the Board of
Directors of the National Exchange
Carrier Association, Inc., Report and
Order (Order) in CC Docket Nos. 02–6,
96–45 and 97–21; FCC 23–56, adopted
July 20, 2023 and released July 21, 2023.
The Commission also released a
companion Further Notice of Proposed
Rulemaking (FNPRM) in CC Docket Nos.
02–6, 96–45 and 97–21; FCC 23–56,
adopted July 20, 2023 and released July
21, 2023. The FNPRM published August
9, 2023 at 88 FR 53837. The full text of
this document is available at the
following internet address: https://
docs.fcc.gov/public/attachments/FCC23-56A1.pdf.
In this document, the Federal
Communications Commission
(Commission) take steps to increase
Tribal library eligibility and continue to
reduce administrative burdens in the
program. In doing so, the Commission
expects to make the program more
accessible to Tribal communities, so
that they can leverage E-Rate funds to
improve and meet the broadband
connectivity needs of their
communities. Where appropriate, the
I. Introduction
1. The E-Rate program provides
support to ensure that schools and
libraries can obtain affordable, highspeed broadband services and Wi-Fi
equipment to connect today’s students
and library patrons with next-generation
learning opportunities and services. In
January 2022, the Commission began an
initiative to increase Tribal libraries’
access to E-Rate support, recognizing
the valuable role that these entities
3. Appendix A to part 272 is amended
by revising the entry ‘‘Montana’’ to read
as follows:
■
Appendix A to Part 272—State
Requirements
*
*
*
*
*
Montana
The regulatory provisions include:
Administrative Rules of Montana, Title 17,
Environmental Quality, Chapter 53,
Hazardous Waste, effective May 14, 2022,
sections 17.53.101, 17.53.102, 17.53.105,
17.53.107, 17.53.111(1), 17.53.111(2),
17.53.111(3), 17.5.111(4) (except the phrase
‘‘and receives the registration fee required by
ARM 17.53.113’’), 17.53.111(5), 17.53.111(7),
17.53.301 (except the phrase addressing fees
at 17.53.301(2)(p)), 17.53.404, 17.53.405,
17.53.406, 17.53.501, 17.53.502, 17.53.601,
17.53.602, 17.53.603, 17.53.604, 17.53.701,
17.53.702, 17.53.704, 17.53.706, 17.53.707,
17.53.708, 17.53.801, 17.53.802, 17.53.803,
17.53.901, 17.53.902, 17.53.903, 17.53.1001,
17.53.1002, 17.53.1003, 17.53.1004,
17.53.1101, 17.53.1102, 17.53.1201,
17.53.1202 (except 17.53.1202(6)(l), (6)(m),
(6)(n), (7) and (18)), 17.53.1203, 17.53.1301,
17.53.1302, 17.53.1303, 17.53.1401,
17.53.1402, 17.53.1501, and 1502.
Copies of the Montana regulations that are
incorporated by reference are available from
the Montana Secretary of State,
Administrative Rules Services, P.O. Box
202801, Helena, MT 59620–2801 (Phone:
406–438–6122)
*
*
*
*
*
[FR Doc. 2023–17367 Filed 8–14–23; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[CC Docket Nos. 02–6, 96–45 and 97–21;
FCC 23–56; FRS ID 160335]
Schools and Libraries Universal
Service Support Mechanism, FederalState Joint Board on Universal Service,
and Changes to the Board of Directors
of the National Exchange Carrier
Association, Inc.
AGENCY:
SUMMARY:
PO 00000
Frm 00057
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]]>Agencies
[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55394-55401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17367]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 271 and 272
[EPA-R08-RCRA-2023-0033; FRL-10606-02-R8]
Montana: Final Authorization of State Hazardous Waste Management
Program Revisions and Incorporation by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The State of Montana Department of Environmental Quality has
applied to the Environmental Protection Agency (EPA) for final
authorization of the changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). The EPA has determined
that these changes satisfy all requirements needed to qualify for final
authorization, and is authorizing the State's changes through this
direct final action. The EPA uses the regulations entitled ``Approved
State Hazardous Waste Management Programs'' to provide notice of the
authorization status of State programs and to incorporate by reference
those provisions of State statutes and regulations that will be subject
to the EPA's inspection and enforcement. This rule also codifies in the
regulations the approval of Montana's hazardous waste management
program and incorporates by reference the authorized provisions of the
State's regulations.
DATES: This direct final rule is effective on October 16, 2023 unless
EPA receives adverse written comment by September 14, 2023. If the EPA
receives any such comment, we will publish a timely withdrawal of this
direct final rule in the Federal Register informing the public that the
rule will not take effect. The Director of the Federal Register
approves the incorporation by reference as of October 16, 2023, in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
RCRA-2023-0033; FRL-10606-02-R8 by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Email: [email protected].
3. Fax: (303) 312-6341 (prior to faxing, please notify the EPA
contact listed below).
4. Mail, Hand Delivery or Courier: Moye Lin, Resource Conservation
and Recovery Act Branch, EPA Region 8, Mailcode 8P-R, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. Courier or hand deliveries are
only accepted during the Regional Office's normal hours of operation.
The public is advised to call in advance to verify business hours.
Special arrangements should be made for deliveries of boxed
information.
Instructions: EPA must receive your comments by September 14, 2023.
Direct your comments to EPA-R08-RCRA-2023-0033; FRL-10606-02-R8. The
EPA's policy is that all comments received will be included in the
public docket without change and may be available online at https://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information
[[Page 55395]]
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through https://regulations.gov, or email. The Federal https://www.regulations.gov
website is an ``anonymous access'' system, which means the EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an email comment directly to the EPA
without going through https://www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the internet. If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment with any
CD you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically
through https://www.regulations.gov. For alternative access to docket
materials, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Moye Lin, Resource Conservation and
Recovery Act Branch, EPA Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202-1129; telephone number: (303) 312-6667; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Authorization of Revisions to Montana's Hazardous Waste Program
A. Why are revisions to State programs necessary?
States which 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 changes, States must
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273 and 279.
B. What authorization decisions has the EPA made in this rule?
On May 31, 2022, Montana submitted a final complete program
revision application seeking authorization of changes to its hazardous
waste program. The EPA concludes that Montana's application to revise
its authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant Montana final
authorization to operate its hazardous waste program with the changes
described in the authorization application. Montana has responsibility
for permitting Treatment, Storage, and Disposal Facilities (TSDFs), and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA), for all areas
within the State, except for (1) lands located within formal Indian
Reservations within or abutting the State of Montana, including
Blackfeet Indian Reservation, Crow Tribe of Montana Indian Reservation,
Flathead Indian Reservation, Fort Belknap Indian Reservation, Fort Peck
Indian Reservation, Northern Cheyenne Indian Reservation, Rocky Boy's
Indian Reservation, (2) any land held in trust by the United States for
an Indian tribe, (3) and any other land, whether on or off a
reservation that qualifies as ``Indian country'' within the meaning of
18 U.S.C. 1151. 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 requirements and
prohibitions in Montana, including issuing permits, until Montana is
authorized to do so.
C. What is the effect of today's authorization decision?
The effect of this decision is that a facility in Montana subject
to RCRA will have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. The State of Montana will continue to have enforcement
responsibilities under its State hazardous waste program for violations
of such program, but the EPA retains its authority under RCRA sections
3007, 3008, 3013, and 7003, which include, among others, authority to:
Conduct inspections and require monitoring, tests,
analyses, or reports;
Enforce RCRA requirements; suspend or revoke permits; and
Take enforcement actions after notice to and consultation
with the State.
This action to approve these provisions would not impose additional
requirements on the regulated community because the regulations for
which the State of Montana is requesting authorization are already
effective under State law and are not changed by the act of
authorization.
D. Why is the EPA using a direct final rule?
The EPA is publishing this rule without a prior proposal because we
view this as a noncontroversial action and anticipate no adverse
comment. However, in the ``Proposed Rules'' section of this Federal
Register, we are publishing a separate document that will serve as the
proposed rule allowing the public an opportunity to comment. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.
E. What happens if EPA receives comments opposing this action?
If EPA receives comments that oppose this authorization, we will
publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. We will
address all public comments in a later Federal Register. You will not
have another opportunity to comment, therefore, if you want to comment
on this action, you must do so at this time.
F. For what has Montana previously been authorized?
Montana initially received final authorization on July 11, 1984,
effective July 25, 1984 (49 FR 28245) to implement the RCRA hazardous
waste management program. We granted authorization for changes to their
program on: January 19, 1994, effective March 21, 1994 (59 FR 2752);
October 25, 1996, effective December 24, 1996 (61 FR 55223); December
26, 2000, effective December 26, 2000 (65 FR 81381); September 30,
2005, effective November 29, 2005 (70 FR 57152); and,
[[Page 55396]]
April 27, 2009, effective June 26, 2009 (79 FR 18997).
G. What changes is EPA authorizing with this action?
On May 31, 2022, the State of Montana submitted a final complete
program revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make a final decision, subject to
receipt of written comments that oppose this action, that Montana's
hazardous waste program satisfies all of the requirements necessary to
qualify for final authorization. Therefore, we grant Montana final
authorization for the following changes:
1. Program Revision Changes for Federal Rules
The State of Montana revisions consist of regulations which
specifically govern Federal hazardous waste revisions promulgated
between July 1, 2006 and June 30, 2021, Revision Checklists 214, 215,
217, 218, 220, 222 and 223, Rule 225, and Revision Checklists 226
through 243 (RCRA Clusters XVII through XXIX). The State requirements
from its Hazardous Waste Rules, Administrative Rules of Montana (ARM),
Environmental Quality, Title 17, Chapter 53, sections 17.53.101 through
17.53.1502 are listed in the chart below.
------------------------------------------------------------------------
Description of Federal Federal Register Analogous State
requirement date and page authority
------------------------------------------------------------------------
1. Corrections to Errors in the 71 FR 40254; 07/14/ Administrative
Code of Federal Regulations 06. Rules of Montana
(Checklist 214). (ARM) Title 17,
Chapter 53,
17.53.301(1),
17.53.404(1),
17.53.405(5),
17.53.501(1),
17.53.601(1),
17.53.801(1),
17.53.901(1),
17.53.1001(1),
17.53.1501(1),
17.53.1101(1),
17.53.1201(1),
17.53.1301(1),
17.53.1401(1).
2. Cathode Ray Tubes Rule 74 FR 42928; 07/28/ ARM 17.53.301(1),
(Checklist 215). 06. 17.53.501(1),
17.53.107(3).
3. NESHAP: Final Standards for 73 FR 18970; 04/08/ ARM 17.53.801(1),
Hazardous Waste Combustors 08. 17.53.1001(1).
(Phase I Final Replacement
Standards and Phase II)
Amendments (Checklist 217).
4. F019 Exemption for Wastewater 73 FR 31756; 06/04/ ARM 17.53.501(1).
Treatment Sludges from Auto 08.
Manufacturing Zinc Phosphating
Processes (Checklist 218).
5. Academic Laboratories 73 FR 72912; 12/1/ ARM 17.53.501(1),
Generator Standards (Checklist 08. 17.53.601(1).
220).
6. OECD Requirements; Export 75 FR 1236; 01/08/ ARM 17.53.601(1),
Shipments of Spent Lead-Acid 10. 17.53.107(3),
Batteries (Checklist 222). 17.53.602(7),
17.53.602(10),
17.53.701(1),
17.53.801(1),
17.53.107(3),
17.53.901(1),
17.53.1001(1).
7. Hazardous Waste Technical 75 FR 1298; 03/18/ ARM 17.53.301(1),
Corrections and Clarifications 10 75 FR 31713- 17.53.501(1),
(Checklist 223). 31717; 06/04/10. 17.53.601(1),
17.53.701(1),
17.53.801(1),
17.53.901(1),
17.53.1001(1),
17.53.1101(1),
17.53.1201(1).
8. Removal of Saccharin and Its 75 FR 78918; 12/17/ ARM 17.53.501(1),
Salts from the List of 10. 17.53.1101(1).
Hazardous Constituents (Rule
225).
9. Academic Laboratories 75 FR 79304; 12/20/ ARM 17.53.601(1).
Generator Standards Technical 10.
Corrections (Checklist 226).
10. Revision of the Land 76 FR 34147; 06/13/ ARM 17.53.1101(1).
Disposal Treatment Standards 11.
for Carbamate Wastes (Checklist
227).
11. Hazardous Waste Technical 77 FR 22229; 04/13/ ARM 17.53.501(1),
Corrections and Clarifications 12. 17.53.1001(1).
Checklist 228).
12. Solvent Contaminated Wipes 78 FR 46448; 07/31/ ARM 17.53.301(1),
(Checklist 229). 13. 17.53.501(1).
13. Conditional Exclusion for 79 FR 350; 1/3/14. ARM 17.53.301(1),
Carbon Dioxide (CO2) Streams in 17.53.501(1).
Geologic Sequestration
Activities (Checklist 230).
14. Hazardous Waste Electronic 79 FR 7518; 02/07/ ARM 17.53.107(2),
Manifest Rules (Special 14. 17.53.107(3),
Consolidated Checklist for 83 FR 420; 01/03/ 17.53.201,
Checklists 231 and 239A). 18. 17.53.404(1),
17.53.405,
17.53.601(1),
17.53.602(11)
(removed),
17.53.701(1),
17.53.801(1),
17.53.802(5),
17.53.901(1),
17.53.902(6).
15. Revisions to the Export 79 FR 36220; 6/26/ ARM 17.53.107(3),
Provisions of the Cathode Ray 14. 17.53.301(1),
Tube (CRT) Rule (Checklist 232). 17.53.501(1).
16. Revisions to the Definition 80 FR 1694-1814; ARM 17.53.301(1),
of Solid Waste (Checklists 01/13/15. 17.53.404(1),
233A, B, C, D2, and E). 17.53.501(1),
17.53.1201(1).
83 FR 24664-24671;
05/30/18.
17. Response to Vacaturs of the 80 FR 18777; 4/8/ ARM 17.53.501(1).
Comparable Fuels Rule and the 15.
Gasification Rule (Checklist
234).
18. Disposal of Coal Combustion 80 FR 21302; 4/17/ ARM 17.53.501(1).
Residuals from Electric 15.
Utilities (Checklist 235).
19. Imports and Exports of 81 FR 85696; 11/28/ ARM 17.53.105(3),
Hazardous Waste (Checklist 236). 16. 17.53.107(3),
82 FR 41015; 8/29/ 17.53.301(1),
17. 17.53.404(1),
83 FR 38263; 8/6/ 17.53.501(1),
18. 17.53.601(1),
17.53.602(7),
17.53.602(8),
17.53.602(9),
17.53.602(10),
17.53.701(1),
17.53.702(1),
17.53.801(1),
17.53.901(1),
17.53.1001(1),
17.53.1501(1),
17.53.1301(1).
[[Page 55397]]
20. Hazardous Waste Generator 81 FR 85732; 11/28/ ARM 17.53.111(2)
Improvements Rule (Checklist 16. introductory
237). paragraph and
(2)(a),
17.53.301(1),
17.53.301(2)(q),
17.53.404(1),
17.53.405(5),
17.53.501,
17.53.502(5),
17.53.601(1),
17.53.602(2)
through (4), (7),
and (9) through
(13), 17.53.603,
17.53.604,
17.53.701(1),
17.53.702(1),
17.53.801(1),
17.53.802(3),
(4), and (6),
17.53.803,
17.53.901(1),
17.53.902(4)
through (6),
17.53.903,
17.53.1001(1),
17.53.1101(1),
17.53.1201(1),
17.53.1301(1),
17.53.1401(1),
17.53.1501(1).
21. Confidentiality 83 FR 60894; 12/26/ ARM 17.53.107(3),
Determinations for Hazardous 17. 17.53.201,
Waste Export and Import 17.53.404,
Documents (Checklist 238). 17.53.501(1),
17.53.601(1),
17.53.602(7).
22. Safe Management of Recalled 83 FR 61552; 11/30/ ARM 17.53.301(1),
Airbags (Checklist 240). 18. 17.53.501(1),
17.53.601(1).
23. Management Standards for 84 FR 5816; 02/22/ ARM 17.53.111(7),
Hazardous Waste Pharmaceuticals 19. 17.53.501(1),
and Amendment to the P075 17.53.601(1),
Listing for Nicotine (Checklist 17.53.801(1),
241). 17.53.901(1),
17.53.1001(1),
17.53.1002(9),
17.53.1101(1),
17.53.1201(1),
17.53.1301(1).
24. Universal Waste Regulations; 84 FR 67202; 12/9/ ARM 17.153.301(1),
Addition of Aerosol Cans 19. 17.53.501(1),
Checklist 242). 17.53.801(1),
17.53.901(1),
17.53.1101(1),
17.53.1201(1),
17.53.1301(1).
25. Modernizing Ignitable 85 FR 40594; 07/7/ ARM 17.53.105(3),
Liquids Determinations 20. 17.53.404(1),
(Checklist 243). 17.53.501(1).
------------------------------------------------------------------------
2. State-Initiated Changes
Montana has made amendments to its regulations that are not
directly related to any of the Federal rules addressed in Item G.1
above. These State-initiated changes are either conforming changes made
to existing authorized provisions, or the adoption of provisions that
clarify and make the State's regulations internally consistent. The
State's regulations, as amended by these provisions, provide authority
which remains equivalent to and no less stringent than the Federal laws
and regulations. These State-initiated changes are submitted under the
requirements of 40 CFR 271.21(a) and include the following provisions
from the Administrative Rules of Montana (ARM), as amended, effective
May 14, 2022: ARM 17.53.105(4); 17.53.107(1) introductory paragraph;
17.53.111(1); 17.53.111(3); 17.53.111(4) (except phrase addressing
fees); 17.53.111(5); 17.53.406; 17.53.602(1); 17.53.1202(1);
17.53.1202(21); and 17.53.1303. In addition, effective December 25,
2009, Montana made State-initiated changes to adopt 40 CFR part 267 by
reference at ARM 17.53.1501 and 17.53.1502. The State had previously
adopted the final rule, Standardized Permit for RCRA Hazardous Waste
Management Facilities, (September 8, 2005, 70 FR 53419) without the 40
CFR part 267 provisions. Sections 17.53.1501 and 17.53.1502 have been
reviewed by EPA and are acceptable to be authorized.
H. Where are the revised State rules different from the Federal rules?
The Montana revisions being authorized in this rule include
provisions that contain purely Federal functions which are not
delegable to States. The non-delegable Federal program areas include
import/export requirements reserved as part of the Federal foreign
relations function, and manifest registry and electronic manifest
functions administered solely by the EPA. Montana has appropriately
adopted these provisions by leaving the authority with the EPA for
implementation and enforcement.
When revised State rules differ from the Federal rules in the RCRA
State authorization process, EPA determines whether the State rules are
equivalent to, more stringent than, or broader in scope than the
Federal program. Pursuant to RCRA section 3009, 42 U.S.C. 6929, State
programs may contain requirements that are more stringent than the
Federal regulations. Such more stringent requirements can be federally
authorized and, once authorized, become federally enforceable. Although
the statute does not prevent States from adopting regulations that are
broader in scope than the Federal program, States cannot receive
Federal authorization for such regulations, and they are not federally
enforceable.
We consider the following State requirements to be more stringent
than the Federal requirements: ARM 17.53.502(5), 17.53.602(3), (10),
(11), and (12), 17.53.603(1) introductory paragraph, 17.53.603(2), (3),
and (4) because Montana requires an annual report in lieu of the
Federal biennial reporting requirement. Additionally, we consider the
following State requirement to be broader in scope than the Federal:
ARM 17.53.111(6) because Montana requires transporters obtain a
registration from the State.
I. Who handles permits after the authorization takes effect?
The State of Montana will continue to issue permits for all the
provisions for which it is authorized and will administer the permits
it issues. The EPA will continue to administer any RCRA hazardous waste
permits or portions of permits, which we issued prior to the effective
date of this authorization, until Montana has equivalent instruments in
place. EPA will continue to implement and issue permits for HSWA
requirements for which Montana is not yet authorized.
J. How does today's action affect Indian Country (18 U.S.C.1151) in
Montana?
Montana is not authorized to carry out its hazardous waste program
in Indian country, as defined in 18 U.S.C. 1151. This includes, but is
not limited to:
1. Lands within the exterior boundaries of the following Indian
Reservations located within or abutting the State of Montana:
a. Blackfeet Tribe of the Blackfeet Indian Reservation
b. Crow Tribe of Montana
c. Confederated Salish and Kootenai Tribes of the Flathead Reservation
[[Page 55398]]
d. Fort Belknap Indian Community of the Fort Belknap Reservation of
Montana
e. Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation
f. Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation
g. Chippewa Cree Indians of the Rocky Boy's Reservation
2. Any land held in trust by the U.S. for an Indian tribe; and
3. Any other land, whether on or off a reservation that qualifies
as Indian country within the meaning of 18 U.S.C. 1151.
Therefore, this program revision does not extend to Indian country
where the EPA will continue to implement and administer the RCRA
program.
II. Incorporation by Reference
A. What is codification?
Codification is the process of including the statutes and
regulations that comprise the State's authorized hazardous waste
management program into the CFR. Section 3006(b) of RCRA, as amended,
allows the Environmental Protection Agency (EPA) to authorize State
hazardous waste management programs. The State regulations authorized
by EPA supplant the Federal regulations concerning the same matter with
the result that after authorization, EPA enforces the authorized
regulations. Infrequently, State statutory language which acts to
regulate a matter is also authorized by EPA with the consequence that
EPA enforces the authorized statutory provision. EPA does not authorize
State enforcement authorities and does not authorize State procedural
requirements. EPA codifies the authorized State program in 40 CFR part
272 and incorporates by reference State statutes and regulations that
make up the approved program, which is Federally enforceable in
accordance with sections 3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934 and 6973, and any other applicable statutory and
regulatory provisions.
B. What is the history of the codification of Montana's hazardous waste
management program?
The EPA first incorporated by reference Montana's authorized
hazardous waste program effective January 31, 1986 (51 FR 3954) and
program revisions effective March 8, 2006 (71 FR 11536). In this
action, EPA is revising Subpart BB of 40 CFR part 272 to include the
authorization revision actions described in this document.
C. What codification decisions have we made in this rule?
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference of the authorized hazardous waste management
program of the State of Montana. In accordance with requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of the
Montana rules described in section I.G. of this preamble and set forth
in the amendments to 40 CFR 272.1351. The EPA has made, and will
continue to make, these documents available electronically through
https://www.regulations.gov. For alternative access to docket
materials, please contact the person identified in the ADDRESSES
section of this preamble.
This action codifies EPA's authorization of Montana's base
hazardous waste management program and its revisions to that program.
The codification reflects the State program that would be in effect at
the time EPA's authorized revisions to the Montana hazardous waste
management program addressed in this direct final rule become final.
This action does not reopen any decision EPA previously made concerning
the authorization of the State's hazardous waste management program.
EPA is not requesting comments on its decisions published in the
Federal Register documents referenced in section I.F. of this document
concerning revisions to the authorized program in Montana.
The EPA is incorporating by reference EPA's approval of Montana's
hazardous waste management program by amending Subpart BB to 40 CFR
part 272. The action amends Sec. 272.1351 and incorporates by
reference Montana's authorized hazardous waste regulations, as amended,
effective May 14, 2022. Section 272.1351 also references the
demonstration of adequate enforcement authority, including procedural
and enforcement provisions, which provide the legal basis for the
State's implementation of the hazardous waste management program. In
addition, Sec. 272.1351 references the Memorandum of Agreement, the
Attorney General's Statements and the Program Description, which are
evaluated as part of the approval process of the hazardous waste
management program in accordance with Subtitle C of RCRA.
D. What is the effect of Montana's codification on enforcement?
EPA retains the authority under statutory provisions, including but
not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in all authorized States.
With respect to enforcement actions, EPA will rely on Federal
sanctions, Federal inspection authorities, and Federal procedures
rather than the State analogs to these provisions. Therefore, the EPA
is not incorporating by reference Montana's inspection and enforcement
authorities, nor are those authorities part of Montana's approved State
program which operates in lieu of the Federal program. 40 CFR
272.1351(c)(2) lists these authorities for informational purposes, and
because EPA also considered them in determining the adequacy of
Montana's procedural and enforcement authorities. Montana's authority
to inspect and enforce the State's hazardous waste management program
requirements continues to operate independently under State law.
E. What State provisions are not part of the codification?
The public is reminded that some provisions of Montana's hazardous
waste management program are not part of the federally authorized State
program. These non-authorized provisions include:
(1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
(2) State procedural and enforcement authorities which are
necessary to establish the ability of the State's program to enforce
compliance but which do not supplant the Federal statutory enforcement
and procedural authorities.
State provisions that are ``broader in scope'' than the Federal
program are not incorporated by reference in 40 CFR part 272. For
reference and clarity, EPA lists in 40 CFR 272.1351(c)(3) the Montana
statutory provisions which are ``broader in scope'' than the Federal
program and which are not part of the authorized program being
incorporated by reference. While ``broader in scope'' provisions are
not part of the authorized program and cannot be enforced by EPA, the
State may enforce such provisions under State law.
F. What will be the effect of codification on Federal HSWA
requirements?
With respect to any requirement(s) pursuant to HSWA for which the
State has not yet been authorized, and which EPA has identified as
taking effect immediately in States with authorized hazardous waste
management programs, EPA will enforce those Federal HSWA
[[Page 55399]]
standards until the State is authorized for those provisions.
The codification does not affect Federal HSWA requirements for
which the State is not authorized. EPA has authority to implement HSWA
requirements in all States, including States with authorized hazardous
waste management programs, until the States become authorized for such
requirements or prohibitions, unless EPA has identified the HSWA
requirement(s) as an optional or as a less stringent requirement of the
Federal program. A HSWA requirement or prohibition, unless identified
by EPA as optional or as less stringent, supersedes any less stringent
or inconsistent State provision which may have been previously
authorized by EPA (50 FR 28702, July 15, 1985).
Some existing State requirements may be similar to the HSWA
requirements implemented by EPA. However, until EPA authorizes those
State requirements, EPA enforces the HSWA requirements and not the
State analogs.
III. Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Orders 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 and
codifies State requirements for the purpose of RCRA 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
and codifies 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). 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 and codifies State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA.
This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant, and
it does not make decisions based on environmental health or safety
risks. This 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 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 otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, 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 15, 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.).
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. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective October 16, 2023.
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 rule is issued under the authority of sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: August 8, 2023.
KC Becker,
Regional Administrator, Region 8.
For the reasons set forth in the preamble, under the authority at
42 U.S.C. 6912(a), 6926, and 6974(b), EPA is granting final
authorization under 40 CFR part 271 to the State of Montana for
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act and is amending 40 CFR part 272 as
follows:
[[Page 55400]]
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).
0
2. Revise Sec. 272.2 to read as follows:
Sec. 272.2 Incorporation by reference.
(a) Material listed as incorporated by reference in part 272 was
approved for incorporation by reference by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material
is incorporated as it exists on the date of the approval, and notice of
any change in the material will be published in the Federal Register.
(b) Copies of materials incorporated by reference may be inspected
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email:
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html. Copies of materials incorporated by
reference may be obtained or inspected at the EPA Docket Center, Office
of Land and Emergency Management Docket (by scheduled appointment
only), located at WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004, or send mail to Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460, and at the library of the
appropriate Regional Office listed below:
(1) Region 1 (Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, Vermont): 5 Post Office Square, 1st floor, Boston, MA
02109-3912; phone number: (617) 918-1313,
(2) Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands):
Federal Office Building, 290 Broadway, 23rd Floor, New York, NY 10007-
1866; phone number: (212) 637-3185),
(3) Region 3 (Delaware, District of Columbia, Maryland,
Pennsylvania, Virginia, West Virginia): Four Penn Center, 1600 John F.
Kennedy Blvd., Philadelphia, PA 19103-2852; phone number: (215) 814-
5254,
(4) Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, Tennessee): 61 Forsyth Street SW, Sam
Nunn Atlanta Federal Center, 9th Floor, Atlanta, GA 30303, (513) 569-
7703,
(5) Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio,
Wisconsin): 77 West Jackson Boulevard, Chicago, IL 60604; phone number:
(312) 886- 6822,
(6) Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas):
1201 Elm Street, Suite 500, Dallas, Texas 75270-2102; phone number:
(214) 665-853,
(7) Region 7 (Iowa, Kansas, Missouri, Nebraska); 11201 Renner
Boulevard, Lenexa, Kansas 66219; phone number: (919) 541-2777,
(8) Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming): 1595 Wynkoop St., Denver, CO 80202-2405; phone number: (303)
312-6667,
(9) Region 9 (Arizona, California, Hawaii, Nevada, Guam, American
Samoa, Commonwealth of the Northern Mariana Islands): 75 Hawthorne
Street, San Francisco, CA 94105; phone number: (415) 947-4406,
(10) Region 10 (Alaska, Idaho, Oregon, Washington): 1200 Sixth
Avenue, Seattle, WA 98101; phone number: (206) 553-1289.
(c) For an informational listing of the state and local
requirements incorporated in this part, see appendix A to this part.
0
3. Revise Sec. 272.1351 to read as follows:
Sec. 272.1351 Montana State-Administered Program: Final
Authorization.
(a) History of the State of Montana authorization. Pursuant to
section 3006(b) of RCRA, 42 U.S.C. 6926(b), Montana has final
authorization for the following elements as submitted to EPA in
Montana's base program application for final authorization which was
approved by EPA effective on July 25, 1984. Subsequent program revision
applications were approved effective on March 21, 1994, December 24,
1996, December 26, 2000, November 29, 2005, June 26, 2009, and October
16, 2023.
(b) Enforcement authority. The State of Montana has primary
responsibility for enforcing its hazardous waste management program.
However, EPA retains the authority to exercise its inspection and
enforcement authorities in accordance with sections 3007, 3008, 3013,
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other
applicable statutory and regulatory provisions, regardless of whether
the State has taken its own actions, as well as in accordance with
other statutory and regulatory provisions.
(c) State statutes and regulations--(1) Incorporation by reference.
The Montana regulations cited in paragraph (c)(1)(i) of this section
are incorporated by reference as part of the hazardous waste management
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director
of the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For the availability
of this information at the National Archives and Records Administration
and at the EPA, see Sec. 272.2(b). You may obtain copies of the
Montana regulations that are incorporated by reference in this
paragraph from Montana Secretary of State, Administrative Rules
Services, P.O. Box 202801 Helena, MT 59620-2801, Phone: (406) 438-6122.
(i) EPA-Approved Montana Regulatory Requirements Applicable to the
Hazardous Waste Management Program, dated November 2022.
(ii) [Reserved]
(2) Legal basis. The following provisions provide the legal basis
for the State's implementation of the hazardous waste program, but they
are not being incorporated by reference and do not replace Federal
authorities:
(i) Montana Code Annotated (MCA) 2021, Title 2, ``Government
Structure and Administration,'' Chapter 3, Public Participation in
Governmental Operations, sections 2-3-102 introductory paragraph
through 2-3-102(2), 2-3-103(1), 2-3-104, 2-3-105, 2-3-111, 2-3-112, 2-
3-221, 2-3-301; Chapter 4, Administrative Procedure Act, sections 2-4-
103, 2-4-307, 2-4-315; Chapter 6, Public Records, sections 2-6-1003 and
2-6-1006; Chapter 15, Executive Branch Officers and Agencies, sections
2-15-3501 and 2-15-3502.
(ii) Montana Code Annotated (MCA) 2022, Title 25, Civil Procedure:
Chapter 20, Rules of Civil Procedure, Rule 24(a) and (b).
(iii) Montana Code Annotated (MCA) 2021, Title 27, Civil Liability,
Remedies, and Limitations: Chapter 30, Nuisances, section 27-30-204.
(iv) Montana Code Annotated (MCA) 2021, Title 30, Trade and
Commerce: Chapter 14, Unfair Trade Practices and Consumer Protection,
sections 30-14-402, et seq.
(v) Montana Code Annotated (MCA) 2021, Title 75, Environmental
Protection: Chapter 10, Waste and Litter Control, sections 75-10-107,
75-10-203, 75-10-402(3), 75-10-403 (except 75-10-403(13)), 75-10-404(1)
introductory paragraph and (1)(a), 75-10-404(1)(b) through (e), 75-10-
404(2), 75-10-405 (except 75-10-405(1)(i), (1)(j) and (2)(a)), 75-10-
406, 75-10-408, 75-10-409, 75-10-410, 75-10-411, 75-10-413, 75-10-414,
75-10-415, 75-10-416, 75-10-417, 75-10-418, 75-10-419, 75-10-420, 75-
10-421, 75-10-422, 75-10-424, 75-10-425, 75-10-426, 75-10-427, 75-10-
441 and 75-10-442; Chapter 20, Major Facility Siting.
[[Page 55401]]
(vi) Administrative Rules of Montana (ARM), effective May 14, 2022,
Title 17, Environmental Quality: Chapter 53, Hazardous Waste, sections
17.53.104, 17.53.201, 17.53.202, 17.53.206, 17.53.207, 17.53.208,
17.53.212, 17.53.213, 17.53.214, 17.53.215, 17.53.1202(6)(m) and (n),
17.53.1202(7).
(3) Related legal provisions. The following statutory and
regulatory provisions are broader in scope than the Federal program,
are not part of the authorized program, are not incorporated by
reference and are not federally enforceable:
(i) Montana Code Annotated (MCA) 2021, Title 75, Environmental
Protection: Chapter 10, Waste and Litter Control, sections 75-10-
403(13), 75-10-405(1)(i) and (j), 75-10-405(2)(a), 75-10-431, 75-10-
432, 75-10-433, and 75-10-434.
(ii) Administrative Rules of Montana (ARM), effective May 14, 2022,
Title 17, Environmental Quality, Chapter 53, Hazardous Waste, sections
17.53.111(4) (phrase addressing fees), 17.53.111(6), 17.53.112,
17.53.113, 17.53.301(2)(p) (phrase addressing fees), 17.53.703,
17.53.1202(6)(l), and 17.53.1202(18).
(4) Memorandum of agreement. The Memorandum of Agreement between
EPA Region 8 and the State of Montana, signed by the State of Montana
Department of Environmental Quality on August 22, 2018, and by the EPA
Regional Administrator on August 2, 2018, although not incorporated by
reference, are referenced as part of the authorized hazardous waste
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(5) Statement of legal authority. Independent Legal Counsel
Statement, accompanied by an Attorney General concurrence letter signed
by the Attorney General of Montana on December 27, 1983 as amended June
7, 1984 and revisions, supplements and addenda to that Statement
accompanied by Attorney General concurrence letters dated September 23,
1993, March 28, 1995, June 29, 1995, April 4, 2005, January 31, 2008
and May 31, 2022, although not incorporated by reference, are
referenced as part of the authorized hazardous waste management program
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(6) Program description. The Program Description and any other
materials submitted as supplements thereto, although not incorporated
by reference, are referenced as part of the authorized hazardous waste
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
0
3. Appendix A to part 272 is amended by revising the entry ``Montana''
to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
Montana
The regulatory provisions include: Administrative Rules of
Montana, Title 17, Environmental Quality, Chapter 53, Hazardous
Waste, effective May 14, 2022, sections 17.53.101, 17.53.102,
17.53.105, 17.53.107, 17.53.111(1), 17.53.111(2), 17.53.111(3),
17.5.111(4) (except the phrase ``and receives the registration fee
required by ARM 17.53.113''), 17.53.111(5), 17.53.111(7), 17.53.301
(except the phrase addressing fees at 17.53.301(2)(p)), 17.53.404,
17.53.405, 17.53.406, 17.53.501, 17.53.502, 17.53.601, 17.53.602,
17.53.603, 17.53.604, 17.53.701, 17.53.702, 17.53.704, 17.53.706,
17.53.707, 17.53.708, 17.53.801, 17.53.802, 17.53.803, 17.53.901,
17.53.902, 17.53.903, 17.53.1001, 17.53.1002, 17.53.1003,
17.53.1004, 17.53.1101, 17.53.1102, 17.53.1201, 17.53.1202 (except
17.53.1202(6)(l), (6)(m), (6)(n), (7) and (18)), 17.53.1203,
17.53.1301, 17.53.1302, 17.53.1303, 17.53.1401, 17.53.1402,
17.53.1501, and 1502.
Copies of the Montana regulations that are incorporated by
reference are available from the Montana Secretary of State,
Administrative Rules Services, P.O. Box 202801, Helena, MT 59620-
2801 (Phone: 406-438-6122)
* * * * *
[FR Doc. 2023-17367 Filed 8-14-23; 8:45 am]
BILLING CODE 6560-50-P
