New Hampshire: Final Authorization of State Hazardous Waste Management Program Revisions, 55387-55394 [2023-17387]
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Federal Register / Vol. 88, No. 156 / Tuesday, August 15, 2023 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. In § 52.720, amend the table in
paragraph (e) under the heading
‘‘Emissions Inventories’’ by adding an
entry for ‘‘Emissions inventory—2017
(2015 8-hour ozone)’’ after the entry for
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1. The authority citation for part 52
continues to read as follows:
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‘‘Emission inventory—2012 (2008
Lead)’’ to read as follows:
§ 52.720
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Identification of plan.
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(e) * * *
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EPA APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable geographic or
nonattainment area
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Emissions inventory—2017 (2015 8hour ozone).
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Chicago and St. Louis areas ............
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[FR Doc. 2023–17343 Filed 8–14–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R01–RCRA–2023–0264; FRL 11231–
02–R1]
New Hampshire: Final Authorization of
State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
New Hampshire has applied
to the Environmental Protection Agency
(EPA) for final authorization of revisions
to its hazardous waste program under
the Resource Conservation and
Recovery Act (RCRA), as amended. The
EPA has reviewed New Hampshire’s
application and has determined that
these revisions satisfy all requirements
needed to qualify for final authorization.
Therefore, we are taking direct final
action to authorize the State’s changes.
In the ‘‘Proposed Rules’’ section of this
issue of the Federal Register, the EPA
is also publishing a separate document
that serves as the proposal to authorize
these revisions. Unless the EPA receives
written comments that oppose this
authorization during the comment
period, the decision to authorize New
Hampshire’s revisions to its hazardous
waste program will take effect.
DATES: This final authorization will
become effective on October 16, 2023,
unless the EPA receives adverse written
comments by September 14, 2023. If the
EPA receives any such comment, the
EPA will publish a timely withdrawal of
this direct final rule in the Federal
SUMMARY:
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State
submittal
date
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10/22/2020
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EPA approval date
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8/15/2023, [INSERT Federal Register CITATION].
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Register and inform the public that this
authorization will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
RCRA–2023–0264, at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Tulasi Landes, RCRA Waste
Management, and Lead Branch; Land,
Chemicals and Redevelopment Division;
EPA Region 1, 5 Post Office Square,
Suite 100 (Mail code 07–1), Boston, MA
02109–3912; telephone number: (617)
918–1228; email address: landes.tulasi@
epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs
necessary?
States that have received final
authorization from the EPA under RCRA
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Comments
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Section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, states must change their
programs and ask the EPA to authorize
the changes. Changes to state programs
may be necessary when Federal or state
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, states must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273, and 279.
New federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA)
take effect in authorized states at the
same time that they take effect in
unauthorized states. Thus, the EPA will
implement those requirements and
prohibitions in New Hampshire,
including the issuance of new permits
implementing those requirements, until
New Hampshire is granted authorization
to do so.
B. What decisions has the EPA made in
this rule?
On June 9, 2023, New Hampshire
submitted a complete program revision
application seeking authorization of
revisions to its hazardous waste
program. The EPA concludes that New
Hampshire’s application to revise its
authorized program meets all the
statutory and regulatory requirements
established by RCRA, as set forth in
RCRA Section 3006(b), 42 U.S.C.
6926(b), and 40 CFR part 271. Therefore,
the EPA grants final authorization to
New Hampshire to operate its hazardous
waste program with the revisions
described in its authorization
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application, and as listed below in
Section G of this document.
The New Hampshire Department of
Environmental Services (NHDES) has
responsibility for permitting treatment,
storage, and disposal facilities within its
borders and for carrying out the aspects
of the RCRA program described in its
application, subject to the limitations of
HSWA, as discussed above.
C. What is the effect of this
authorization decision?
This decision serves to authorize New
Hampshire for the revisions to its
authorized hazardous waste program
described in its authorization
application. These changes will become
part of the authorized State hazardous
waste program and will therefore be
federally enforceable. New Hampshire
will continue to have primary
enforcement authority and
responsibility for its State hazardous
waste program. The EPA would
maintain its authorities under RCRA
Sections 3007, 3008, 3013, and 7003,
including its authority to:
• Conduct inspections, and require
monitoring, tests, analyses and reports;
• Enforce RCRA requirements,
including authorized State program
requirements, and suspend or revoke
permits; and
• Take enforcement actions regardless
of whether the State has taken its own
actions.
This action will not impose additional
requirements on the regulated
community because the regulations for
which the EPA is authorizing New
Hampshire are already effective under
state law and are not changed by this
action.
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D. Why wasn’t there a proposed rule
before this rule?
Along with this direct final rule, the
EPA is publishing a separate document
in the ‘‘Proposed Rules’’ section of this
issue of the Federal Register that serves
as the proposal to authorize New
Hampshire’s program revisions. The
EPA did not publish a proposal before
this rule because the EPA views this as
a routine program change and does not
expect comments that oppose this
approval. The EPA is providing an
opportunity for public comment now, as
described in Section E of this document.
E. What happens if the EPA receives
comments that oppose this action?
If the EPA receives comments that
oppose this authorization, the EPA will
withdraw this direct final rule by
publishing a document in the Federal
Register before the rule becomes
effective. The EPA will base any further
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decision on the authorization of New
Hampshire’s program revisions on the
proposal mentioned in the previous
section, after considering all comments
received during the comment period.
The EPA will then address all such
comments in a later final rule. You may
not have another opportunity to
comment. If you want to comment on
this authorization, you must do so at
this time.
If the EPA receives comments that
oppose only the authorization of a
particular revision to New Hampshire’s
hazardous waste program, the EPA will
withdraw that part of this rule, but the
authorization of the program revisions
that the comments do not oppose will
become effective on the date specified
above. The Federal Register withdrawal
document will specify which part of the
authorization will become effective, and
which part is being withdrawn.
F. What has New Hampshire previously
been authorized for?
The State of New Hampshire initially
received final authorization on
December 18, 1984, effective January 3,
1985 (49 FR 49093) to implement the
RCRA hazardous waste management
program. EPA granted authorization for
changes to New Hampshire’s program
on the following dates: November 14,
1994, effective January 13, 1995 (59 FR
56397); and February 27, 2006, effective
April 28, 2006 (71 FR 9727); and March
1, 2019, effective May 17, 2019 (84 FR
22378).
G. What revisions is the EPA proposing
with this proposed action?
On June 9, 2023, New Hampshire
submitted a final complete program
revision application, seeking
authorization of additional revisions to
its program in accordance with 40 CFR
271.21. New Hampshire seeks authority
to administer the federal requirements
that are listed in Table 1 below. This
table lists New Hampshire’s analogous
requirements that are being recognized
as no less stringent than the analogous
federal requirements.
New Hampshire is seeking
authorization for updated state
regulations addressing most federal
requirements and for changes to New
Hampshire’s base program for which
they had been previously authorized.
Significant program revisions in this
package include the Management
Standards for Hazardous Waste
Pharmaceuticals, and the e-Manifest
rule.
The EPA proposes to determine,
subject to public review and comment,
that New Hampshire’s hazardous waste
program revisions are equivalent to,
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consistent with, and no less stringent
than the Federal program, and therefore
satisfy all of the requirements necessary
to qualify for final authorization. We are
proposing to authorize the program
changes as provided in each of the
following Revision Checklists (RC):
CL086: Removal of Strontium Sulfide
from the List of Hazardous Wastes;
Technical Amendment
CL125: Boilers and Industrial Furnaces;
Changes for Consistency with New
Air Regulations
CL144: Removal of Legally Obsolete
Rules
CL193: Change of Official EPA Mailing
Address
CL209: Universal Waste Rule: Specific
Provisions for Mercury Containing
Equipment
CL213: Burden Reduction Initiative
CL214: Corrections to Errors in the Code
of Federal Regulations
CL223: Hazardous Waste Technical
Corrections and Clarification
CL228: Hazardous Waste Technical
Corrections and Clarifications Rule
CL236: Imports and Exports of
Hazardous Waste
CL238: Confidentiality Determinations
for Hazardous Waste Export and
Import Documents
CL240: Safe Management of Recalled
Airbags
CL241: Management Standards for
Hazardous Waste Pharmaceuticals
and Amendment to the P075 Listing
for Nicotine
CL242: Universal Waste Regulations:
Addition of Aerosol Cans
SCC E-Manifest: Special Consolidated
Checklist for the Hazardous Waste
Electronic Manifest Rules
H. Where are the revised State rules
different from the Federal rules?
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
Section 3009 of RCRA, 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. The most
significant differences between the New
Hampshire rules and the federal rules
are highlighted and summarized in the
Table 1 below. It should be noted that
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this summary does not describe every
difference, nor every detail regarding
the differences that are described.
Members of the regulated community
are advised to read the complete
regulations to ensure that they
understand their compliance
responsibilities.
1. More Stringent Provisions
There are aspects of the New
Hampshire program which are more
stringent than the federal program.
These requirements would become part
of New Hampshire’s authorized program
and would be federally enforceable. All
of these more stringent requirements
are, or will become, part of the federally
enforceable RCRA program when
authorized by the EPA and must be
complied with in addition to the State
requirements which track the minimum
federal requirements. These more
stringent requirements are identified as
MS in the Table 2 below.
2. Broader-in-Scope Provisions
There are aspects of the New
Hampshire program that are broader-inscope than the federal program. These
broader-in-scope requirements do not
become part of the authorized program
and EPA cannot enforce them.
Regulated entities must comply with
these requirements in accordance with
State law. These broader-in-scope
requirements are identified as BIS in the
Table 2 below.
3. Partially Broader-in-Scope
There are aspects of the New
Hampshire program that are partially
broader-in-scope than the federal
program. These partially broader-inscope requirements are the result of
New Hampshire not adopting certain
portions of the regulations. These
partially broader-in-scope requirements
are not part of the authorized program
and EPA cannot enforce them. However,
the parts of the regulations which are
not partially broader-in-scope are part of
the federally enforceable RCRA
55389
program. Regulated entities must
comply with these requirements in
accordance with State law. These
broader-in-scope requirements are
identified as Partially BIS in the Table
2 below.
4. Different But Equivalent Provisions
New Hampshire also has some
regulations that differ from, but have
been determined to be equivalent to, the
federal regulations. These state
regulations will become part of the
federally enforceable RCRA program
when authorized by the EPA. These
different but equivalent requirements
are identified as EQ in the Table 2
below.
5. There are certain federal
requirements that EPA cannot delegate
to the States, although New Hampshire
has adopted these requirements by
reference, EPA would continue to
implement those requirements. These
requirements are identified in the Table
2 below.
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TABLE 1—NEW HAMPSHIRE’S EQUIVALENT ANALOGS TO THE FEDERAL REQUIREMENTS
Federal requirements
Description of checklist No. and Federal requirement
CL 86: Removal of Strontium Sulfide from
the List of Hazardous Wastes; Technical
Amendment.
CL 125: Boilers and Industrial Furnaces;
Changes for Consistency with New Air
Regulations.
CL 144: Removal of Legally Obsolete Rules
56 FR 7567–7568; February 25, 1991 ...............................
402.04(d); 405.02(b).
58 FR 38816–38884; July 20, 1993 ...................................
401.06(l).
60 FR 33912–33915; June 29, 1995 ..................................
102.01; 304.02(a)(6); 304.10; 304.10(a); 304.02(f);
304.02(f)(1).
104.58; 401.06(k); Appendix B.
CL193: Change of Official EPA Mailing Address.
CL 209: Universal Waste Rule: Specific Provisions for Mercury Containing Equipment.
66 FR 34374–34376; June 28, 2001 ..................................
CL 213: Burden Reduction Initiative ..............
71 FR 16862–16915; April 4, 2006 ....................................
CL214: Corrections to Errors in the Code of
Federal Regulation.
71 FR 40254–40280; July 14, 2006 ...................................
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70 FR 45508–45522; August 5, 2005 ................................
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Analogous State authority
104.12; 104.76; 104.76(c); 701.02(a)(13); 1202.02(d);
303.02(i); 1101.02; 1111.01; 401.01; 1111.02(a)–(c);
1101.03(a); 1101.03(c) and (f); 1101.03(e); 1102.03(b);
1111.03; 1102.03(c); 1111.03(a)–(b); 1102.03(c);
1111.03(d)–(e);
1111.03(d)(1)–(2); 1111.03(f); 1111.03(f)(1)–(2);
1111.03(g); 1111.04; 1104.03(b)(1).
202.04(a)(4); 401.03(a)(12); 401.03(b)(14); 708.02(a)(4)–
(5); 708.02(a)(10); 705.01(b)–(c); 705.01(c)(1)–(6);
705.01(b)(6); 705.01(b)(10); 708.02(a)(11)–(13);
708.03(d)(1)–(2); 708.03(d)(4)–(8); 708.03(d)(10);
707.03(a)(4)–(5); 707.03(a)(9)–(12); 707.04(b)–(g);
707.04(k)–(l); 1202.01; 304.11; 202; 304.11(a)(9);
304.25.
103.77; 104.28; 104.76; 104.80; 808.06(a)–(b);
803.03(a)(1); 401.01(d)–(e); 401.03(b)(6);
401.03(b)(6)a; 401.03(b)(9); 401.03(b)(14); 804.02(b)–
(c); 804.02(e)-(f); 804.01(b)(4); 403.03(b)(3)–(4);
403.06(c)–(d); 402.06(a)–(b); 402.07(a); 402.04(b);
402.05(b); 402.01(b); 405.02(b); 803.03(b)(5)a;
501.02(a); 512.03; 510.06(a); 701.02(a)(6); RSA 147–
A:13; 708.02(a)(2); 708.02(a)(6); 302.04; 103.01;
702.10; 708.02(a)(11)–(13); 708.03(d)(1)–(10);
705.01(c)(1)e; 705.01(c)(1)f; 701.02(a)(6); 707.03(a)(1);
707.03(a)(3); 707.03(a)(5); 707.03(a)(7); 707.03(a)(9);
702.10; 707.03(a)(10)–(12); 707.04(b)–(g); 707.04(j)–(l);
707.03(a)(6); 707.04; 801.02(d); 809.01–809.04;
102.01; 1202.01; 509.05; 707.05; 708.04; 301; 303;
304; 304.03; 303.02(k); 104.22; 104.37; 304.11(a)(9);
304.10(d); 304.11(a)(1); 304.11; 304.24(d); 304.26(f);
304.25; 304.02(a)(7) & (f)(3); 104.76; 1102.03(b);
1110.04; 1110.06; 1109.04, 102.02(a) and (b)(1);
1202.02(a)(1)–(3) and (b)(8); 304.02(a).
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TABLE 1—NEW HAMPSHIRE’S EQUIVALENT ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Federal requirements
Description of checklist No. and Federal requirement
CL223: Hazardous Waste Technical Corrections and Clarifications.
75 FR 12989–13009; 75 FR 31716–31717; March 18,
2010, June 4, 2010.
CL228: Hazardous Waste Technical Corrections and Clarifications.
CL236: Imports and Exports of Hazardous
Waste.
77 FR 22229–22232; April 13, 2012 ..................................
CL238: Determinations for Hazardous Waste
Export and Import Documents.
82 FR 60894–60901; December 26, 2017 .........................
CL240: Safe Management of Recalled Airbags.
CL241: Management Standards for Hazardous Pharmaceuticals and Amendment
to the P075 Listing for Nicotine.
83 FR 61552–61563; November 30, 2018 .........................
CL242: Universal Waste Regulations: Addition of Aerosol Cans.
84 FR 67202; December 9, 2019 .......................................
Special Consolidated Checklist for the Hazardous Waste Electronic Manifest Rules
(Checklists 231 and 239).
79 FR 7518; February 7, 2014, and 83 FR 420; January
3, 2018.
81 FR 85696–85729, 82 FR 41015–41016; November 28,
2016, August 29, 2017.
84 FR 5816–5950; February 22, 2019 ...............................
Analogous State authority
104.34; 803.01; 804.02(a); 804.02(c); 401.03(b); 802.02;
804.01(b)(3); 401.03(b)(21); 401.03(d)–(e); 404.04;
401.03(d)(1); 401.03(d)(3); 403.05(b)(8); 402.02;
503.03(d); 402.06(a); 402.07(a); 402.05(b); 402.01(b);
501.02(a); 101.02; 511.02(b); 511.02(b)(1)–(2);
511.02(b)(2)b; 511.02(b)(2)a; 511.02(b)(3); 511.02(d);
512.01(a)(1); 512.04; 511.01(c)–(d); 511.02(e);
511.02(e)(1)–(2); 511.01(e); 104.67; 304.11;
601.01(b)(2)–(3); 701.01(a); 708.02(a)(10); 704.01;
708.03(d)(6); 707.03(a)(9); 707.04(g); 805.01(c)–(d);
808.05; 809.04(b); 1202.01; 304.06(a); 304.06(a)(1);
304.06(a)(3)–(5).
402.07(a); 805.01(d).
102.01; 501.03(c); 510.06(b); 401.03(b)(13)–(14);
401.03(b)(36); 510.06; 601.01(b)(5); 703.01;
705.01(b)(1); 804; 808.02(e); 808.03(e); 809.03(c);
809.05; 1101.02(c); 1102.08(a); 1106.07(a)–(b);
1102.08(b); 501.01(c); 504.01(g); 504.02(g);
512.03(a)(1)–(3); 512.04(a) and (c)(4); 103.45; 103.56;
103.75; 512.03(b); 601.01(a); 604.01(d); 604.01(a);
703.01; 709.01(c); 804.02(e); 808.01; 808.02(a)–(b);
808.03(a)–(b); 808.04(a)(1)–(3); 804.02(f); 809.01;
809.05; 809.06; 1109.01(b); 1104.05(a)–(b);
1107.03(a)–(b); 1101.02(b)–(c); 1101.02(b)(1)–(3);
708.02(a)(1); 707.03(a)(1); and 1104.06(a)–(b).
203.02; 203.03(d); 1102.08(b); 1106.07(b); 401.03(b)(36);
510.06; 601.01(b)(5); 705.01(b)(1); 808.02(e);
808.03(e); 808.04(a)(3); 809.03(c); 809.05; 1101.02(c);
1102.08(a); 1106.07(a).
401.02(a); 401.02(b); 401.02(c); 401.03(k); 401.03(k)(1)–
(4); 401.03(k)(5); 401.03(l)(1); 401.03(l)(2)–(3).
401.03(d)(4); 401.03(b)(21) & (d); 402.04(a)(2);
402.05(a)(2); 402.04(b); 501.02(i); 501.01(d); 501.02(j)
& (k); 503.03(a)(11); 511.01(g)(1); 511.01(g)(2);
701.02(a)(15); 1302.01; 103.49; 103.67; 103.69;
1302.02(a)(1); 1302.02(a)(2); 104.08; 104.19; 104.30;
104.33; 104.43; 501.01(e); 1302.02(b)(1);
1302.02(b)(2); 1302.02(b)(3); 1302.02(b)(4);
1302.02(c)(1)–(9); 1302.02(d)(1)–(3); 1302.02(e)(1)–(5);
1302.02(f); 1302.02(g); 1302.02(h)(1)–(2);
1302.02(i)(1)–(3); 1302.02(j)(1)–(10); 1202.01;
303.02(n); 1108.01(a); 1108.01(c).
103.07; 104.76(c); 104.76(d); 104.76(g); 104.77;
701.02(a)(13); 1202.02(d); 303.02(i); 1110.01(b); 1115;
1115.01; 401.01; 1115.02; 1115.02(a)–(b); 1101.03(c)
and (f); 104.29; 1101.03(e); 1102.03(b); 1115.03(a)–(c);
1115.03(d)(1)–(10); 1115.03(e); 1115.04; 1104.03(b)(1).
203; 203.02; 203.03(c); 101.05(a)–(b); 102.02(b)(2);
103.39; 103.40; 104.10; 102.01; 510.01(a); 510.04(d);
510.02(c)(1); 604.01(a); 606.01; 604.01(e); 703.01(a);
703.02(c).
TABLE 2—NEW HAMPSHIRE’S MORE STRINGENT/BROADER IN SCOPE ANALOGS TO THE FEDERAL REQUIREMENTS
Description of checklist
number and federal
requirement
Federal requirements
Analogous state authority
70 FR 45508–45522; August 5, 2005
CL 209: Universal Waste Rule: Specific Provisions for Mercury Containing Equipment.
273.9 ....................................
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273.13(c)(2)(iii) & (iv) ...........
273.13(c)(2)(vii) ....................
273.32(b)(5) ..........................
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1101.03(c) and (f)—NH requires a UW handler who accumulates 20,000 kg or more to
be defined as a ‘‘very large quantity handler’’ and must meet the additional requirements in 1105. (MS)
1111.03(b)(1)—NH requires containers to meet requirements of 507 instead of 40 CFR
pts. 260–272. MS provisions include labeling, storage on an impervious surface,
secondary containment for wastes with free liquids if floor drains are present, requirements for outside storage, and more (e.g., labeling, inspections, personnel
training, accumulation time limits) depending on generator category. In a future rulemaking, NH will clarify that containers must meet applicable requirements of Env-Hw
100–800 and 1200. (MS).
1102.03(c).
1111.03(b)(2)—NH requires containers to meet requirements of 40 CFR pt.
273.13(c)(1) instead of (c)(2)(vii). (MS).
1104.03(b)(2)—NH requires that a UW handler notify as a very large quantity handler
if ≥20,000 kg is accumulated and meet the requirements in 1105, including storage
outside the 100-year floodplain, storage area inspections, contingency plans and
emergency procedures, preparedness and prevention, security, closure, and financial assurance. (MS).
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TABLE 2—NEW HAMPSHIRE’S MORE STRINGENT/BROADER IN SCOPE ANALOGS TO THE FEDERAL REQUIREMENTS—
Continued
Description of checklist
number and federal
requirement
Federal requirements
Analogous state authority
273.33(c)(2)(iii) & (iv) ...........
273.33(c)(2)(vii) ....................
1111.03(b)(1)—NH requires containers to meet requirements of 507 instead of 40 CFR
pts. 260–272. MS provisions include labeling, storage on an impervious surface,
secondary containment for wastes with free liquids if floor drains are present, requirements for outside storage, and more (e.g., labeling, inspections, personnel
training, accumulation time limits) depending on generator category. In a future rulemaking, NH will clarify that containers must meet applicable requirements of Env-Hw
100–800 and 1200. (MS).
1102.03(c).
1111.03(b)(2)—NH requires containers to meet requirements of 40 CFR 273.13(c)(1)
instead of (c)(2)(vii). (MS).
71 FR 16862–16915; April 4, 2006
CL 213: Burden Reduction Initiative ..............
261.4(f)(9) .............................
264.56(i) ...............................
265.56(i) ...............................
270.14(a) ..............................
401.03(b)(14)—NH’s maximum quantity of non-acute HW is 250 kg. (MS).
706.02—NH requires cleanup of HW discharges within 24 hours or submittal of a
cleanup plan if cleanup takes longer than 24 hours. NH also requires submittal of a
cleanup report within 30 days of completion. (MS)
706.02—NH requires cleanup of HW discharges within 24 hours or submittal of a
cleanup plan if cleanup takes longer than 24 hours. NH also requires submittal of a
cleanup report within 30 days of completion. (MS).
304.11.
202 (waivers).
304.11(a)(4)—NH requires a NH registered PE to prepare and stamp plans. (MS).
71 FR 40254–40280; July 14, 2006
CL 214: Corrections to Errors in the Code of
Federal Regulations.
260.22(a)(1) and
260.22(d)(1)(ii).
261.3(a)(2)(i) ........................
261.4(e)(2)(vi) and
261.4(e)(3)(i).
261.31(a)/Table ....................
261.32/Table ‘‘K069’’ entry ..
265.56(b) ..............................
268.50(g) ..............................
270.14(a) ..............................
273.13(b) introductory paragraph.
406—NH is not seeking authority for delisting of federally listed waste. (BIS).
401.01(b)(3)—NH regulates as characteristic wastes mixtures of HW with materials
that are not solid wastes (e.g., soils) if the mixture exhibits a characteristic. (Partially
BIS)
401.01(d)—EQ.
401.01(e)—EQ.
401.03(b)(14)—NH’s max quantity of non-acute HW is 250 kg. (MS).
402.06(a) and (b)—NH has clarified the F006 and F019 listings by specifying the processes that are included in the listing based on EPA guidance. (EQ).
402.06(c)—NH lists Used Oil as a generic process HW with the NH HW number
‘‘NH01.’’ (Partially BIS).
402.07(a)—NH has not adopted the administrative stay for the K069 listing. (Partially
BIS).
706.02—NH requires cleanup of HW discharges within 24 hours or submittal of a
cleanup plan if cleanup takes longer than 24 hours. NH also requires submittal of a
cleanup report within 30 days of completion. ( MS).
1202.02(l)—NH did not adopt an analog to this provision. (MS).
304.11.
202 (waivers)—NH requires a NH registered PE to prepare and stamp plans. (MIS).
1102.03(b).
1110.04.
1110.06—NH has additional requirements for pesticides: storage on impervious surfaces and away from floor drains and manholes unless secondary containment is
provided; preparedness and prevention; security; additional training; and employee
health and safety. (MS).
75 FR 12989–13009, 75 FR 31,716–31,717; March 18, 2010, June 4, 2010
CL 223: Hazardous Waste Technical Corrections and Clarifications.
260.10 ..................................
262.42(c) ..............................
262.42(c)(2) ..........................
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263.12 ..................................
264.56(d)(2) introductory text
104.16—NH rules and statutes regulate facilities in existence on July 1, 1980, instead
of November 19, 1980. (BIS).
511.02(e)—EQ.
511.02(c)—NH requires a generator whose shipment was rejected and returned on a
paper manifest or on an electronic manifest that was printed for the generator’s signature to submit the completed manifest within 5 days of receipt of the shipment.
(MS).
511.02(e)(2)—NH requires all generators to submit exception reports within 45 days.
(MS).
104.67.
304.11.
601.01(b)(2) & (3).
701.01(a)—NH requires a transfer facility permit. NH has not yet adopted 40 CFR pt.
267. (BIS).
706.02—NH requires cleanup of HW discharges within 24 hours or submittal of a
cleanup plan if cleanup takes longer than 24 hours. NH also requires submittal of a
cleanup report within 30 days of completion. (MS).
81 FR 85696; November 28, 2016, as amended August 29, 2017 (82 FR 41015) and August 6, 2018 (83 FR 38263)
CL 236: Imports and Exports of Hazardous
Waste.
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401.03(b)(14)—NH’s maximum quantity of non-acute HW is 250 kg. (MS).
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TABLE 2—NEW HAMPSHIRE’S MORE STRINGENT/BROADER IN SCOPE ANALOGS TO THE FEDERAL REQUIREMENTS—
Continued
Description of checklist
number and federal
requirement
Federal requirements
Analogous state authority
266.70(b) ..............................
709.01(c), 804.02(e), and 808.01—(EQ).
808.02(c)—NH generators are subject to certification requirements. (BIS).
808.03(d)—NH’s transporters are subject to registration requirements. (BIS).
83 FR 61552; November 30, 2018
CL240: Safe Management of Recalled Airbags.
262.14(a)(5)(xi) .....................
503.01
508—NH has not adopted an exemption for generators of <100 kg/mo. (MS).
84 FR 5816; February 22, 2019
CL 241: Management Standards for Hazardous Waste Pharmaceuticals and
Amendment to the P075 Listing for Nicotine.
261.4(a)(1)(ii) ........................
262.14(a)(5)(ix) .....................
NH has not adopted this exclusion. (BIS)
511.01(g)(1)—(EQ)
503.01,508—NH has not adopted an exemption for generators of <100 kg/mo. (MS).
262.14(a)(5)(x) .....................
511.01(g)(2)—(EQ).
503.01,508—NH has not adopted an exemption for generators of <100 kg/mo. (MS).
501.01(e).
1302.02(b)(1)—NH bases generator category on both HW generation and accumulation. (MS).
501.02(j) & (k).
1302.02(b)(1)—NH bases generator category on both HW generation and accumulation. (MS).
1302.02(c)(1)—NH requires notification within 60 days. (MS).
1302.02(c)(1)—NH requires VSQGs to notify and provide waste numbers on notification forms. (MS).
1302.02(c)(3)—NH requires healthcare facilities (HFs) to submit a manifest copy within
5 days if rejected shipment involves a paper manifest or an electronic manifest printed for HF’s signature. (MS).
1302.02(c)(4)—NH requires a quarterly report that includes data required by EPA’s biennial report plus additional info. (MS)
NH assesses fees on non-recycled HW shipped offsite. (BIS).
1302.02(c)(5)—NH requires HFs who use a paper manifest to keep both the generator
copy and facility copy unless using e-manifest system for recordkeeping. (MS).
NH requires that for electronic manifests printed for HF’s signature, HF must keep
signed paper copy. For paper manifests, HF with e-manifest system access must
keep signed paper copy until receipt by designated facility is verified in the system.
(EQ).
1302.02(e)(3)—NH requires the receiving FQG to provide the NHSQG’s EPA ID#.
(MS).
1302.02(e)(6)—NH requires LTCFs with 20 beds or fewer to determine Subpart P applicability by determining their generator category.(MS).
1302.02(i)(1)—NH requires HFs and reverse distributors (RDs) who use a paper manifest or an electronic manifest printed for HF/RD’s signature to submit copy to DES
within five days. HF/RDs must keep both the generator copy and facility copy unless
using e-manifest system for recordkeeping. (MS).
NH requires for electronic manifests printed for HF/RD’s signature, HF/RD must keep
signed paper copy. For paper manifests, HF/RD with e-manifest system access
must keep signed paper copy until receipt by designated facility is verified in the
system. (EQ).
1302.02(j)(5)—NH requires RD to submit manifest copy within five days if rejected
shipment involves a paper manifest or an electronic manifest printed for RD’s signature. (MS)
1302.02(j)(7)—NH requires a quarterly report that includes data required by EPA’s biennial report plus additional info. (MS).
NH assesses fees on non-recycled HW shipped offsite. (BIS).
1302.02(j)(8)—NH requires RDs using a paper manifest to keep both the generator
copy and facility copy unless using e-manifest system for recordkeeping. (MS).
NH requires for electronic manifests printed for RD’s signature, RD must keep signed
paper copy. For paper manifests, RD with e-manifest system access must keep
signed paper copy until receipt by designated facility is verified in the system. (EQ).
266.501(a) ............................
266.501(b) ............................
266.502(a)(1)(i)–(ii) ..............
266.502(a)(2) ........................
266.502(h) ............................
266.502(i) .............................
266.502(j)(1) .........................
266.504(b)(2) ........................
266.504(d) ............................
266.508(a)(2) ........................
266.510(c)(7) ........................
266.510(c)(9) ........................
266.510(c)(10)(ii) ..................
84 FR 67202; December 9, 2019
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CL 242: Universal Waste Regulations: Addition of Aerosol Cans.
273.9 ‘‘Large quantity handler of universal waste’’.
273.13(c)(2)(iii)–(iv) ..............
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1101.03(c) and (f)—In NH a UW handler who accumulates 20,000 kg or more is defined as a ‘‘very large quantity handler’’ and must meet the additional requirements
in 1105. NH is applying for authorization for CL 209. (MS).
1111.03(b)(1)—NH requires containers to meet requirements of 507 instead of 40 CFR
260–272. MS provisions include labeling, storage on an impervious surface, secondary containment for wastes with free liquids if floor drains are present, requirements for outside storage, and more (e.g., labeling, inspections, personnel training,
accumulation time limits) depending on generator category. In a future rulemaking,
NH will clarify that containers must meet applicable requirements of Env-Hw 100–
800 and 1200. (MS).
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55393
TABLE 2—NEW HAMPSHIRE’S MORE STRINGENT/BROADER IN SCOPE ANALOGS TO THE FEDERAL REQUIREMENTS—
Continued
Description of checklist
number and federal
requirement
Federal requirements
Analogous state authority
273.33(c)(2)(iii)–(iv) ..............
1111.03(b)(1)—NH requires containers to meet requirements of 507 instead of 40 CFR
pts. 260–272. MS provisions include labeling, storage on an impervious surface,
secondary containment for wastes with free liquids if floor drains are present, requirements for outside storage, and more (e.g., labeling, inspections, personnel
training, accumulation time limits) depending on generator category. In a future rulemaking, NH will clarify that containers must meet applicable requirements of Env-Hw
100–800 and 1200. (MS).
79 FR 7518; February 7, 2014, and 83 FR 420; January 3, 2018
Special Consolidated Checklist for the Hazardous Waste Electronic Manifest Rules
(Checklists 231 and 239).
263.20(a) intro, (1)–(9) .........
264.71(l) intro, (1)–(5) ..........
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265.71(l) intro, (1)–(5) ..........
EPA cannot delegate certain federal
requirements associated with the federal
manifest registry system, the electronic
manifest system, and international
shipments (i.e., import and export
provisions). New Hampshire has
adopted these requirements and
appropriately preserved the EPA’s
authority to implement them (See
Special Consolidated Checklist for the
Hazardous Waste Electronic Manifest
Rules: 102.02(b)(2); 103.39–40; 104.10;
102.01; 510.01(a); 510.02(c); 604.01(a);
203.03(c); 703.01(a), CL214 Corrections
to Errors in the Code of Federal
Regulations: 102.02(a); 102.02(b)(1);
1202.02(a)(1), CL238 Determinations for
Hazardous Waste Export and Import
Documents: 401.03(b)(36), 510.06,
601.01(b)(5), 705.01(b)(1), 808.02(e),
808.03(e), 808.04(a)(3), 809.03(c),
809.05, 1101.02(c), 1102.08(a), and
1106.07(a), CL236 Imports and Exports
of Hazardous Waste).
There are several Federal rules that
have been vacated, withdrawn, or
superseded. As a result, authorization of
these rules may be moot. However, for
purposes of completeness, these rule
checklists are included here with an
explanation as to the rule’s status in
New Hampshire. These checklists
include: CL 216: Exclusion of OilBearing Secondary Materials Processed
in a Gasification System to Produce
Synthetic Gas (73 FR 57, January 2,
2008); CL 221: Expansion of RCRA
Comparable Fuel Exclusion (73 FR
77954, December 19, 2008); CL 224:
Withdrawal of the Emission Comparable
Fuel Exclusion (75 FR 33712, June 15,
2010); and CL 234: Vacatur of the
Comparable Fuels Rule and the
Gasification Rule (80 FR 18777, April 8,
2015)—CLs 216, 221, and 224 have been
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604.01(f)—NH requires transporters to notify the generator if post-receipt manifest corrections are made to paper manifests or to electronic manifests that were printed for
the generator’s signature. (MS).
703.02(d)—NH requires facilities to notify the generator if manifest corrections are
made to paper manifests or to electronic manifests that were printed for the generator’s signature. (MS).
703.02(d)—NH requires facilities to notify the generator if manifest corrections are
made to paper manifests or to electronic manifests that were printed for the generator’s signature. (MS).
vacated. CL 234 implements the vacatur
of these provisions. New Hampshire did
not adopt the exclusions contained in
CLs 216, 221, or 224; therefore, the
adoption of CL 234 in New Hampshire
would be inconsequential. New
Hampshire’s authorized program
continues to be equivalent to and no
less stringent than the Federal program
without having to make any conforming
changes pursuant to these rule
checklists.
the State’s authorized hazardous waste
program into the Code of Federal
Regulations. EPA does this by adding
those citations and references to the
authorized State rules in 40 CFR part
272. EPA is not proposing to codify the
authorization of New Hampshire’s
changes at this time. However, EPA
reserves the ability to amend 40 CFR
part 272, subpart UU for the
authorization of New Hampshire’s
program at a later date.
I. Who handles permits after the
authorization takes effect?
K. Statutory and Executive Order
Reviews
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21,
2011). This action authorizes State
requirements for the purpose of RCRA
section 3006 and imposes no additional
requirements beyond those imposed by
State law. Therefore, this action is not
subject to review by OMB. This action
is not an Executive Order 14094 (88 FR
21879, April 11, 2023) regulatory action
because actions such as the
authorization of New Hampshire’s
revised hazardous waste program under
RCRA are exempted under Executive
Order 12866. Accordingly, I certify that
this action will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this action authorizes
pre-existing requirements under State
law and does not impose any additional
enforceable duty beyond that required
by State law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
When the final authorization takes
effect, New Hampshire will issue
permits for all the provisions for which
it is authorized and will administer the
permits it issues. EPA will continue to
administer and enforce any RCRA and
HSWA (Hazardous and Solid Waste Act)
permits or portions of permits that it has
issued in New Hampshire prior to the
effective date of this authorization until
the State incorporates the terms and
conditions of the federal permits into
the State RCRA permits. EPA will not
issue any new permits, or new portions
of permits, for the provisions listed in
the Table above after the effective date
of this authorization. EPA will continue
to implement, and issue permits for any
HSWA requirements for which New
Hampshire is not yet authorized. EPA
has the authority to enforce state-issued
permits after the State is authorized.
J. What is codification and will the EPA
codify New Hampshire’s hazardous
waste program as authorized in this
rule?
Codification is the process of placing
citations and references to the State’s
statutes and regulations that comprise
PO 00000
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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).
VerDate Sep<11>2014
17:10 Aug 14, 2023
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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:
PO 00000
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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
E:\FR\FM\15AUR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55387-55394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17387]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R01-RCRA-2023-0264; FRL 11231-02-R1]
New Hampshire: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: New Hampshire has applied to the Environmental Protection
Agency (EPA) for final authorization of revisions to its hazardous
waste program under the Resource Conservation and Recovery Act (RCRA),
as amended. The EPA has reviewed New Hampshire's application and has
determined that these revisions satisfy all requirements needed to
qualify for final authorization. Therefore, we are taking direct final
action to authorize the State's changes. In the ``Proposed Rules''
section of this issue of the Federal Register, the EPA is also
publishing a separate document that serves as the proposal to authorize
these revisions. Unless the EPA receives written comments that oppose
this authorization during the comment period, the decision to authorize
New Hampshire's revisions to its hazardous waste program will take
effect.
DATES: This final authorization will become effective on October 16,
2023, unless the EPA receives adverse written comments by September 14,
2023. If the EPA receives any such comment, the EPA will publish a
timely withdrawal of this direct final rule in the Federal Register and
inform the public that this authorization will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2023-0264, at https://www.regulations.gov/. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Tulasi Landes, RCRA Waste Management,
and Lead Branch; Land, Chemicals and Redevelopment Division; EPA Region
1, 5 Post Office Square, Suite 100 (Mail code 07-1), Boston, MA 02109-
3912; telephone number: (617) 918-1228; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States that have received final authorization from the EPA under
RCRA Section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
states must change their programs and ask the EPA to authorize the
changes. Changes to state programs may be necessary when Federal or
state statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
New federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states
at the same time that they take effect in unauthorized states. Thus,
the EPA will implement those requirements and prohibitions in New
Hampshire, including the issuance of new permits implementing those
requirements, until New Hampshire is granted authorization to do so.
B. What decisions has the EPA made in this rule?
On June 9, 2023, New Hampshire submitted a complete program
revision application seeking authorization of revisions to its
hazardous waste program. The EPA concludes that New Hampshire's
application to revise its authorized program meets all the statutory
and regulatory requirements established by RCRA, as set forth in RCRA
Section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, the
EPA grants final authorization to New Hampshire to operate its
hazardous waste program with the revisions described in its
authorization
[[Page 55388]]
application, and as listed below in Section G of this document.
The New Hampshire Department of Environmental Services (NHDES) has
responsibility for permitting treatment, storage, and disposal
facilities within its borders and for carrying out the aspects of the
RCRA program described in its application, subject to the limitations
of HSWA, as discussed above.
C. What is the effect of this authorization decision?
This decision serves to authorize New Hampshire for the revisions
to its authorized hazardous waste program described in its
authorization application. These changes will become part of the
authorized State hazardous waste program and will therefore be
federally enforceable. New Hampshire will continue to have primary
enforcement authority and responsibility for its State hazardous waste
program. The EPA would maintain its authorities under RCRA Sections
3007, 3008, 3013, and 7003, including its authority to:
Conduct inspections, and require monitoring, tests,
analyses and reports;
Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
Take enforcement actions regardless of whether the State
has taken its own actions.
This action will not impose additional requirements on the
regulated community because the regulations for which the EPA is
authorizing New Hampshire are already effective under state law and are
not changed by this action.
D. Why wasn't there a proposed rule before this rule?
Along with this direct final rule, the EPA is publishing a separate
document in the ``Proposed Rules'' section of this issue of the Federal
Register that serves as the proposal to authorize New Hampshire's
program revisions. The EPA did not publish a proposal before this rule
because the EPA views this as a routine program change and does not
expect comments that oppose this approval. The EPA is providing an
opportunity for public comment now, as described in Section E of this
document.
E. What happens if the EPA receives comments that oppose this action?
If the EPA receives comments that oppose this authorization, the
EPA will withdraw this direct final rule by publishing a document in
the Federal Register before the rule becomes effective. The EPA will
base any further decision on the authorization of New Hampshire's
program revisions on the proposal mentioned in the previous section,
after considering all comments received during the comment period. The
EPA will then address all such comments in a later final rule. You may
not have another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.
If the EPA receives comments that oppose only the authorization of
a particular revision to New Hampshire's hazardous waste program, the
EPA will withdraw that part of this rule, but the authorization of the
program revisions that the comments do not oppose will become effective
on the date specified above. The Federal Register withdrawal document
will specify which part of the authorization will become effective, and
which part is being withdrawn.
F. What has New Hampshire previously been authorized for?
The State of New Hampshire initially received final authorization
on December 18, 1984, effective January 3, 1985 (49 FR 49093) to
implement the RCRA hazardous waste management program. EPA granted
authorization for changes to New Hampshire's program on the following
dates: November 14, 1994, effective January 13, 1995 (59 FR 56397); and
February 27, 2006, effective April 28, 2006 (71 FR 9727); and March 1,
2019, effective May 17, 2019 (84 FR 22378).
G. What revisions is the EPA proposing with this proposed action?
On June 9, 2023, New Hampshire submitted a final complete program
revision application, seeking authorization of additional revisions to
its program in accordance with 40 CFR 271.21. New Hampshire seeks
authority to administer the federal requirements that are listed in
Table 1 below. This table lists New Hampshire's analogous requirements
that are being recognized as no less stringent than the analogous
federal requirements.
New Hampshire is seeking authorization for updated state
regulations addressing most federal requirements and for changes to New
Hampshire's base program for which they had been previously authorized.
Significant program revisions in this package include the Management
Standards for Hazardous Waste Pharmaceuticals, and the e-Manifest rule.
The EPA proposes to determine, subject to public review and
comment, that New Hampshire's hazardous waste program revisions are
equivalent to, consistent with, and no less stringent than the Federal
program, and therefore satisfy all of the requirements necessary to
qualify for final authorization. We are proposing to authorize the
program changes as provided in each of the following Revision
Checklists (RC):
CL086: Removal of Strontium Sulfide from the List of Hazardous Wastes;
Technical Amendment
CL125: Boilers and Industrial Furnaces; Changes for Consistency with
New Air Regulations
CL144: Removal of Legally Obsolete Rules
CL193: Change of Official EPA Mailing Address
CL209: Universal Waste Rule: Specific Provisions for Mercury Containing
Equipment
CL213: Burden Reduction Initiative
CL214: Corrections to Errors in the Code of Federal Regulations
CL223: Hazardous Waste Technical Corrections and Clarification
CL228: Hazardous Waste Technical Corrections and Clarifications Rule
CL236: Imports and Exports of Hazardous Waste
CL238: Confidentiality Determinations for Hazardous Waste Export and
Import Documents
CL240: Safe Management of Recalled Airbags
CL241: Management Standards for Hazardous Waste Pharmaceuticals and
Amendment to the P075 Listing for Nicotine
CL242: Universal Waste Regulations: Addition of Aerosol Cans
SCC E-Manifest: Special Consolidated Checklist for the Hazardous Waste
Electronic Manifest Rules
H. Where are the revised State rules different from the Federal rules?
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 Section 3009 of RCRA, 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. The most significant differences between the
New Hampshire rules and the federal rules are highlighted and
summarized in the Table 1 below. It should be noted that
[[Page 55389]]
this summary does not describe every difference, nor every detail
regarding the differences that are described. Members of the regulated
community are advised to read the complete regulations to ensure that
they understand their compliance responsibilities.
1. More Stringent Provisions
There are aspects of the New Hampshire program which are more
stringent than the federal program. These requirements would become
part of New Hampshire's authorized program and would be federally
enforceable. All of these more stringent requirements are, or will
become, part of the federally enforceable RCRA program when authorized
by the EPA and must be complied with in addition to the State
requirements which track the minimum federal requirements. These more
stringent requirements are identified as MS in the Table 2 below.
2. Broader-in-Scope Provisions
There are aspects of the New Hampshire program that are broader-in-
scope than the federal program. These broader-in-scope requirements do
not become part of the authorized program and EPA cannot enforce them.
Regulated entities must comply with these requirements in accordance
with State law. These broader-in-scope requirements are identified as
BIS in the Table 2 below.
3. Partially Broader-in-Scope
There are aspects of the New Hampshire program that are partially
broader-in-scope than the federal program. These partially broader-in-
scope requirements are the result of New Hampshire not adopting certain
portions of the regulations. These partially broader-in-scope
requirements are not part of the authorized program and EPA cannot
enforce them. However, the parts of the regulations which are not
partially broader-in-scope are part of the federally enforceable RCRA
program. Regulated entities must comply with these requirements in
accordance with State law. These broader-in-scope requirements are
identified as Partially BIS in the Table 2 below.
4. Different But Equivalent Provisions
New Hampshire also has some regulations that differ from, but have
been determined to be equivalent to, the federal regulations. These
state regulations will become part of the federally enforceable RCRA
program when authorized by the EPA. These different but equivalent
requirements are identified as EQ in the Table 2 below.
5. There are certain federal requirements that EPA cannot delegate
to the States, although New Hampshire has adopted these requirements by
reference, EPA would continue to implement those requirements. These
requirements are identified in the Table 2 below.
Table 1--New Hampshire's Equivalent Analogs to the Federal Requirements
------------------------------------------------------------------------
Description of
Federal requirements checklist No. and Analogous State
Federal requirement authority
------------------------------------------------------------------------
CL 86: Removal of Strontium 56 FR 7567-7568; 402.04(d);
Sulfide from the List of February 25, 1991. 405.02(b).
Hazardous Wastes; Technical
Amendment.
CL 125: Boilers and 58 FR 38816-38884; 401.06(l).
Industrial Furnaces; July 20, 1993.
Changes for Consistency
with New Air Regulations.
CL 144: Removal of Legally 60 FR 33912-33915; 102.01;
Obsolete Rules. June 29, 1995. 304.02(a)(6);
304.10; 304.10(a);
304.02(f);
304.02(f)(1).
CL193: Change of Official 66 FR 34374-34376; 104.58; 401.06(k);
EPA Mailing Address. June 28, 2001. Appendix B.
CL 209: Universal Waste 70 FR 45508-45522; 104.12; 104.76;
Rule: Specific Provisions August 5, 2005. 104.76(c);
for Mercury Containing 701.02(a)(13);
Equipment. 1202.02(d);
303.02(i); 1101.02;
1111.01; 401.01;
1111.02(a)-(c);
1101.03(a);
1101.03(c) and (f);
1101.03(e);
1102.03(b);
1111.03;
1102.03(c);
1111.03(a)-(b);
1102.03(c);
1111.03(d)-(e);
1111.03(d)(1)-(2);
1111.03(f);
1111.03(f)(1)-(2);
1111.03(g);
1111.04;
1104.03(b)(1).
CL 213: Burden Reduction 71 FR 16862-16915; 202.04(a)(4);
Initiative. April 4, 2006. 401.03(a)(12);
401.03(b)(14);
708.02(a)(4)-(5);
708.02(a)(10);
705.01(b)-(c);
705.01(c)(1)-(6);
705.01(b)(6);
705.01(b)(10);
708.02(a)(11)-(13);
708.03(d)(1)-(2);
708.03(d)(4)-(8);
708.03(d)(10);
707.03(a)(4)-(5);
707.03(a)(9)-(12);
707.04(b)-(g);
707.04(k)-(l);
1202.01; 304.11;
202; 304.11(a)(9);
304.25.
CL214: Corrections to Errors 71 FR 40254-40280; 103.77; 104.28;
in the Code of Federal July 14, 2006. 104.76; 104.80;
Regulation. 808.06(a)-(b);
803.03(a)(1);
401.01(d)-(e);
401.03(b)(6);
401.03(b)(6)a;
401.03(b)(9);
401.03(b)(14);
804.02(b)-(c);
804.02(e)-(f);
804.01(b)(4);
403.03(b)(3)-(4);
403.06(c)-(d);
402.06(a)-(b);
402.07(a);
402.04(b);
402.05(b);
402.01(b);
405.02(b);
803.03(b)(5)a;
501.02(a); 512.03;
510.06(a);
701.02(a)(6); RSA
147-A:13;
708.02(a)(2);
708.02(a)(6);
302.04; 103.01;
702.10;
708.02(a)(11)-(13);
708.03(d)(1)-(10);
705.01(c)(1)e;
705.01(c)(1)f;
701.02(a)(6);
707.03(a)(1);
707.03(a)(3);
707.03(a)(5);
707.03(a)(7);
707.03(a)(9);
702.10;
707.03(a)(10)-(12);
707.04(b)-(g);
707.04(j)-(l);
707.03(a)(6);
707.04; 801.02(d);
809.01-809.04;
102.01; 1202.01;
509.05; 707.05;
708.04; 301; 303;
304; 304.03;
303.02(k); 104.22;
104.37;
304.11(a)(9);
304.10(d);
304.11(a)(1);
304.11; 304.24(d);
304.26(f); 304.25;
304.02(a)(7) &
(f)(3); 104.76;
1102.03(b);
1110.04; 1110.06;
1109.04, 102.02(a)
and (b)(1);
1202.02(a)(1)-(3)
and (b)(8);
304.02(a).
[[Page 55390]]
CL223: Hazardous Waste 75 FR 12989-13009; 104.34; 803.01;
Technical Corrections and 75 FR 31716-31717; 804.02(a);
Clarifications. March 18, 2010, 804.02(c);
June 4, 2010. 401.03(b); 802.02;
804.01(b)(3);
401.03(b)(21);
401.03(d)-(e);
404.04;
401.03(d)(1);
401.03(d)(3);
403.05(b)(8);
402.02; 503.03(d);
402.06(a);
402.07(a);
402.05(b);
402.01(b);
501.02(a); 101.02;
511.02(b);
511.02(b)(1)-(2);
511.02(b)(2)b;
511.02(b)(2)a;
511.02(b)(3);
511.02(d);
512.01(a)(1);
512.04; 511.01(c)-
(d); 511.02(e);
511.02(e)(1)-(2);
511.01(e); 104.67;
304.11;
601.01(b)(2)-(3);
701.01(a);
708.02(a)(10);
704.01;
708.03(d)(6);
707.03(a)(9);
707.04(g);
805.01(c)-(d);
808.05; 809.04(b);
1202.01; 304.06(a);
304.06(a)(1);
304.06(a)(3)-(5).
CL228: Hazardous Waste 77 FR 22229-22232; 402.07(a);
Technical Corrections and April 13, 2012. 805.01(d).
Clarifications.
CL236: Imports and Exports 81 FR 85696-85729, 102.01; 501.03(c);
of Hazardous Waste. 82 FR 41015-41016; 510.06(b);
November 28, 2016, 401.03(b)(13)-(14);
August 29, 2017. 401.03(b)(36);
510.06;
601.01(b)(5);
703.01;
705.01(b)(1); 804;
808.02(e);
808.03(e);
809.03(c); 809.05;
1101.02(c);
1102.08(a);
1106.07(a)-(b);
1102.08(b);
501.01(c);
504.01(g);
504.02(g);
512.03(a)(1)-(3);
512.04(a) and
(c)(4); 103.45;
103.56; 103.75;
512.03(b);
601.01(a);
604.01(d);
604.01(a); 703.01;
709.01(c);
804.02(e); 808.01;
808.02(a)-(b);
808.03(a)-(b);
808.04(a)(1)-(3);
804.02(f); 809.01;
809.05; 809.06;
1109.01(b);
1104.05(a)-(b);
1107.03(a)-(b);
1101.02(b)-(c);
1101.02(b)(1)-(3);
708.02(a)(1);
707.03(a)(1); and
1104.06(a)-(b).
CL238: Determinations for 82 FR 60894-60901; 203.02; 203.03(d);
Hazardous Waste Export and December 26, 2017. 1102.08(b);
Import Documents. 1106.07(b);
401.03(b)(36);
510.06;
601.01(b)(5);
705.01(b)(1);
808.02(e);
808.03(e);
808.04(a)(3);
809.03(c); 809.05;
1101.02(c);
1102.08(a);
1106.07(a).
CL240: Safe Management of 83 FR 61552-61563; 401.02(a);
Recalled Airbags. November 30, 2018. 401.02(b);
401.02(c);
401.03(k);
401.03(k)(1)-(4);
401.03(k)(5);
401.03(l)(1);
401.03(l)(2)-(3).
CL241: Management Standards 84 FR 5816-5950; 401.03(d)(4);
for Hazardous February 22, 2019. 401.03(b)(21) &
Pharmaceuticals and (d); 402.04(a)(2);
Amendment to the P075 402.05(a)(2);
Listing for Nicotine. 402.04(b);
501.02(i);
501.01(d);
501.02(j) & (k);
503.03(a)(11);
511.01(g)(1);
511.01(g)(2);
701.02(a)(15);
1302.01; 103.49;
103.67; 103.69;
1302.02(a)(1);
1302.02(a)(2);
104.08; 104.19;
104.30; 104.33;
104.43; 501.01(e);
1302.02(b)(1);
1302.02(b)(2);
1302.02(b)(3);
1302.02(b)(4);
1302.02(c)(1)-(9);
1302.02(d)(1)-(3);
1302.02(e)(1)-(5);
1302.02(f);
1302.02(g);
1302.02(h)(1)-(2);
1302.02(i)(1)-(3);
1302.02(j)(1)-(10);
1202.01; 303.02(n);
1108.01(a);
1108.01(c).
CL242: Universal Waste 84 FR 67202; 103.07; 104.76(c);
Regulations: Addition of December 9, 2019. 104.76(d);
Aerosol Cans. 104.76(g); 104.77;
701.02(a)(13);
1202.02(d);
303.02(i);
1110.01(b); 1115;
1115.01; 401.01;
1115.02; 1115.02(a)-
(b); 1101.03(c) and
(f); 104.29;
1101.03(e);
1102.03(b);
1115.03(a)-(c);
1115.03(d)(1)-(10);
1115.03(e);
1115.04;
1104.03(b)(1).
Special Consolidated 79 FR 7518; February 203; 203.02;
Checklist for the Hazardous 7, 2014, and 83 FR 203.03(c);
Waste Electronic Manifest 420; January 3, 101.05(a)-(b);
Rules (Checklists 231 and 2018. 102.02(b)(2);
239). 103.39; 103.40;
104.10; 102.01;
510.01(a);
510.04(d);
510.02(c)(1);
604.01(a); 606.01;
604.01(e);
703.01(a);
703.02(c).
------------------------------------------------------------------------
Table 2--New Hampshire's More Stringent/Broader in Scope Analogs to the Federal Requirements
----------------------------------------------------------------------------------------------------------------
Description of checklist
Federal requirements number and federal Analogous state authority
requirement
----------------------------------------------------------------------------------------------------------------
70 FR 45508-45522; August 5, 2005
----------------------------------------------------------------------------------------------------------------
CL 209: Universal Waste Rule: Specific 273.9...................... 1101.03(c) and (f)--NH requires a UW
Provisions for Mercury Containing handler who accumulates 20,000 kg or
Equipment. more to be defined as a ``very large
quantity handler'' and must meet the
additional requirements in 1105. (MS)
273.13(c)(2)(iii) & (iv)... 1111.03(b)(1)--NH requires containers to
meet requirements of 507 instead of 40
CFR pts. 260-272. MS provisions include
labeling, storage on an impervious
surface, secondary containment for
wastes with free liquids if floor drains
are present, requirements for outside
storage, and more (e.g., labeling,
inspections, personnel training,
accumulation time limits) depending on
generator category. In a future
rulemaking, NH will clarify that
containers must meet applicable
requirements of Env-Hw 100-800 and 1200.
(MS).
273.13(c)(2)(vii).......... 1102.03(c).
1111.03(b)(2)--NH requires containers to
meet requirements of 40 CFR pt.
273.13(c)(1) instead of (c)(2)(vii).
(MS).
273.32(b)(5)............... 1104.03(b)(2)--NH requires that a UW
handler notify as a very large quantity
handler if >=20,000 kg is accumulated
and meet the requirements in 1105,
including storage outside the 100-year
floodplain, storage area inspections,
contingency plans and emergency
procedures, preparedness and prevention,
security, closure, and financial
assurance. (MS).
[[Page 55391]]
273.33(c)(2)(iii) & (iv)... 1111.03(b)(1)--NH requires containers to
meet requirements of 507 instead of 40
CFR pts. 260-272. MS provisions include
labeling, storage on an impervious
surface, secondary containment for
wastes with free liquids if floor drains
are present, requirements for outside
storage, and more (e.g., labeling,
inspections, personnel training,
accumulation time limits) depending on
generator category. In a future
rulemaking, NH will clarify that
containers must meet applicable
requirements of Env-Hw 100-800 and 1200.
(MS).
273.33(c)(2)(vii).......... 1102.03(c).
1111.03(b)(2)--NH requires containers to
meet requirements of 40 CFR 273.13(c)(1)
instead of (c)(2)(vii). (MS).
----------------------------------------------------------------------------------------------------------------
71 FR 16862-16915; April 4, 2006
----------------------------------------------------------------------------------------------------------------
CL 213: Burden Reduction Initiative..... 261.4(f)(9)................ 401.03(b)(14)--NH's maximum quantity of
non-acute HW is 250 kg. (MS).
264.56(i).................. 706.02--NH requires cleanup of HW
discharges within 24 hours or submittal
of a cleanup plan if cleanup takes
longer than 24 hours. NH also requires
submittal of a cleanup report within 30
days of completion. (MS)
265.56(i).................. 706.02--NH requires cleanup of HW
discharges within 24 hours or submittal
of a cleanup plan if cleanup takes
longer than 24 hours. NH also requires
submittal of a cleanup report within 30
days of completion. (MS).
270.14(a).................. 304.11.
202 (waivers).
304.11(a)(4)--NH requires a NH registered
PE to prepare and stamp plans. (MS).
----------------------------------------------------------------------------------------------------------------
71 FR 40254-40280; July 14, 2006
----------------------------------------------------------------------------------------------------------------
CL 214: Corrections to Errors in the 260.22(a)(1) and 406--NH is not seeking authority for
Code of Federal Regulations. 260.22(d)(1)(ii). delisting of federally listed waste.
(BIS).
261.3(a)(2)(i)............. 401.01(b)(3)--NH regulates as
characteristic wastes mixtures of HW
with materials that are not solid wastes
(e.g., soils) if the mixture exhibits a
characteristic. (Partially BIS)
401.01(d)--EQ.
401.01(e)--EQ.
261.4(e)(2)(vi) and 401.03(b)(14)--NH's max quantity of non-
261.4(e)(3)(i). acute HW is 250 kg. (MS).
261.31(a)/Table............ 402.06(a) and (b)--NH has clarified the
F006 and F019 listings by specifying the
processes that are included in the
listing based on EPA guidance. (EQ).
402.06(c)--NH lists Used Oil as a generic
process HW with the NH HW number
``NH01.'' (Partially BIS).
261.32/Table ``K069'' entry 402.07(a)--NH has not adopted the
administrative stay for the K069
listing. (Partially BIS).
265.56(b).................. 706.02--NH requires cleanup of HW
discharges within 24 hours or submittal
of a cleanup plan if cleanup takes
longer than 24 hours. NH also requires
submittal of a cleanup report within 30
days of completion. ( MS).
268.50(g).................. 1202.02(l)--NH did not adopt an analog to
this provision. (MS).
270.14(a).................. 304.11.
202 (waivers)--NH requires a NH
registered PE to prepare and stamp
plans. (MIS).
273.13(b) introductory 1102.03(b).
paragraph. 1110.04.
1110.06--NH has additional requirements
for pesticides: storage on impervious
surfaces and away from floor drains and
manholes unless secondary containment is
provided; preparedness and prevention;
security; additional training; and
employee health and safety. (MS).
----------------------------------------------------------------------------------------------------------------
75 FR 12989-13009, 75 FR 31,716-31,717; March 18, 2010, June 4, 2010
----------------------------------------------------------------------------------------------------------------
CL 223: Hazardous Waste Technical 260.10..................... 104.16--NH rules and statutes regulate
Corrections and Clarifications. facilities in existence on July 1, 1980,
instead of November 19, 1980. (BIS).
262.42(c).................. 511.02(e)--EQ.
511.02(c)--NH requires a generator whose
shipment was rejected and returned on a
paper manifest or on an electronic
manifest that was printed for the
generator's signature to submit the
completed manifest within 5 days of
receipt of the shipment. (MS).
262.42(c)(2)............... 511.02(e)(2)--NH requires all generators
to submit exception reports within 45
days. (MS).
263.12..................... 104.67.
304.11.
601.01(b)(2) & (3).
701.01(a)--NH requires a transfer
facility permit. NH has not yet adopted
40 CFR pt. 267. (BIS).
264.56(d)(2) introductory 706.02--NH requires cleanup of HW
text. discharges within 24 hours or submittal
of a cleanup plan if cleanup takes
longer than 24 hours. NH also requires
submittal of a cleanup report within 30
days of completion. (MS).
----------------------------------------------------------------------------------------------------------------
81 FR 85696; November 28, 2016, as amended August 29, 2017 (82 FR 41015) and August 6, 2018 (83 FR 38263)
----------------------------------------------------------------------------------------------------------------
CL 236: Imports and Exports of Hazardous 261.4(e)(1) and 261.4(e)(4) 401.03(b)(14)--NH's maximum quantity of
Waste. non-acute HW is 250 kg. (MS).
[[Page 55392]]
266.70(b).................. 709.01(c), 804.02(e), and 808.01--(EQ).
808.02(c)--NH generators are subject to
certification requirements. (BIS).
808.03(d)--NH's transporters are subject
to registration requirements. (BIS).
----------------------------------------------------------------------------------------------------------------
83 FR 61552; November 30, 2018
----------------------------------------------------------------------------------------------------------------
CL240: Safe Management of Recalled 262.14(a)(5)(xi)........... 503.01
Airbags. 508--NH has not adopted an exemption for
generators of <100 kg/mo. (MS).
----------------------------------------------------------------------------------------------------------------
84 FR 5816; February 22, 2019
----------------------------------------------------------------------------------------------------------------
CL 241: Management Standards for 261.4(a)(1)(ii)............ NH has not adopted this exclusion. (BIS)
Hazardous Waste Pharmaceuticals and 262.14(a)(5)(ix)........... 511.01(g)(1)--(EQ)
Amendment to the P075 Listing for 503.01,508--NH has not adopted an
Nicotine. exemption for generators of <100 kg/mo.
(MS).
262.14(a)(5)(x)............ 511.01(g)(2)--(EQ).
503.01,508--NH has not adopted an
exemption for generators of <100 kg/mo.
(MS).
266.501(a)................. 501.01(e).
1302.02(b)(1)--NH bases generator
category on both HW generation and
accumulation. (MS).
266.501(b)................. 501.02(j) & (k).
1302.02(b)(1)--NH bases generator
category on both HW generation and
accumulation. (MS).
266.502(a)(1)(i)-(ii)...... 1302.02(c)(1)--NH requires notification
within 60 days. (MS).
266.502(a)(2).............. 1302.02(c)(1)--NH requires VSQGs to
notify and provide waste numbers on
notification forms. (MS).
266.502(h)................. 1302.02(c)(3)--NH requires healthcare
facilities (HFs) to submit a manifest
copy within 5 days if rejected shipment
involves a paper manifest or an
electronic manifest printed for HF's
signature. (MS).
266.502(i)................. 1302.02(c)(4)--NH requires a quarterly
report that includes data required by
EPA's biennial report plus additional
info. (MS)
NH assesses fees on non-recycled HW
shipped offsite. (BIS).
266.502(j)(1).............. 1302.02(c)(5)--NH requires HFs who use a
paper manifest to keep both the
generator copy and facility copy unless
using e-manifest system for
recordkeeping. (MS).
NH requires that for electronic manifests
printed for HF's signature, HF must keep
signed paper copy. For paper manifests,
HF with e-manifest system access must
keep signed paper copy until receipt by
designated facility is verified in the
system. (EQ).
266.504(b)(2).............. 1302.02(e)(3)--NH requires the receiving
FQG to provide the NHSQG's EPA ID#.
(MS).
266.504(d)................. 1302.02(e)(6)--NH requires LTCFs with 20
beds or fewer to determine Subpart P
applicability by determining their
generator category.(MS).
266.508(a)(2).............. 1302.02(i)(1)--NH requires HFs and
reverse distributors (RDs) who use a
paper manifest or an electronic manifest
printed for HF/RD's signature to submit
copy to DES within five days. HF/RDs
must keep both the generator copy and
facility copy unless using e-manifest
system for recordkeeping. (MS).
NH requires for electronic manifests
printed for HF/RD's signature, HF/RD
must keep signed paper copy. For paper
manifests, HF/RD with e-manifest system
access must keep signed paper copy until
receipt by designated facility is
verified in the system. (EQ).
266.510(c)(7).............. 1302.02(j)(5)--NH requires RD to submit
manifest copy within five days if
rejected shipment involves a paper
manifest or an electronic manifest
printed for RD's signature. (MS)
266.510(c)(9).............. 1302.02(j)(7)--NH requires a quarterly
report that includes data required by
EPA's biennial report plus additional
info. (MS).
NH assesses fees on non-recycled HW
shipped offsite. (BIS).
266.510(c)(10)(ii)......... 1302.02(j)(8)--NH requires RDs using a
paper manifest to keep both the
generator copy and facility copy unless
using e-manifest system for
recordkeeping. (MS).
NH requires for electronic manifests
printed for RD's signature, RD must keep
signed paper copy. For paper manifests,
RD with e-manifest system access must
keep signed paper copy until receipt by
designated facility is verified in the
system. (EQ).
----------------------------------------------------------------------------------------------------------------
84 FR 67202; December 9, 2019
----------------------------------------------------------------------------------------------------------------
CL 242: Universal Waste Regulations: 273.9 ``Large quantity 1101.03(c) and (f)--In NH a UW handler
Addition of Aerosol Cans. handler of universal who accumulates 20,000 kg or more is
waste''. defined as a ``very large quantity
handler'' and must meet the additional
requirements in 1105. NH is applying for
authorization for CL 209. (MS).
273.13(c)(2)(iii)-(iv)..... 1111.03(b)(1)--NH requires containers to
meet requirements of 507 instead of 40
CFR 260-272. MS provisions include
labeling, storage on an impervious
surface, secondary containment for
wastes with free liquids if floor drains
are present, requirements for outside
storage, and more (e.g., labeling,
inspections, personnel training,
accumulation time limits) depending on
generator category. In a future
rulemaking, NH will clarify that
containers must meet applicable
requirements of Env-Hw 100-800 and 1200.
(MS).
[[Page 55393]]
273.33(c)(2)(iii)-(iv)..... 1111.03(b)(1)--NH requires containers to
meet requirements of 507 instead of 40
CFR pts. 260-272. MS provisions include
labeling, storage on an impervious
surface, secondary containment for
wastes with free liquids if floor drains
are present, requirements for outside
storage, and more (e.g., labeling,
inspections, personnel training,
accumulation time limits) depending on
generator category. In a future
rulemaking, NH will clarify that
containers must meet applicable
requirements of Env-Hw 100-800 and 1200.
(MS).
----------------------------------------------------------------------------------------------------------------
79 FR 7518; February 7, 2014, and 83 FR 420; January 3, 2018
----------------------------------------------------------------------------------------------------------------
Special Consolidated Checklist for the 263.20(a) intro, (1)-(9)... 604.01(f)--NH requires transporters to
Hazardous Waste Electronic Manifest notify the generator if post-receipt
Rules (Checklists 231 and 239). manifest corrections are made to paper
manifests or to electronic manifests
that were printed for the generator's
signature. (MS).
264.71(l) intro, (1)-(5)... 703.02(d)--NH requires facilities to
notify the generator if manifest
corrections are made to paper manifests
or to electronic manifests that were
printed for the generator's signature.
(MS).
265.71(l) intro, (1)-(5)... 703.02(d)--NH requires facilities to
notify the generator if manifest
corrections are made to paper manifests
or to electronic manifests that were
printed for the generator's signature.
(MS).
----------------------------------------------------------------------------------------------------------------
EPA cannot delegate certain federal requirements associated with
the federal manifest registry system, the electronic manifest system,
and international shipments (i.e., import and export provisions). New
Hampshire has adopted these requirements and appropriately preserved
the EPA's authority to implement them (See Special Consolidated
Checklist for the Hazardous Waste Electronic Manifest Rules:
102.02(b)(2); 103.39-40; 104.10; 102.01; 510.01(a); 510.02(c);
604.01(a); 203.03(c); 703.01(a), CL214 Corrections to Errors in the
Code of Federal Regulations: 102.02(a); 102.02(b)(1); 1202.02(a)(1),
CL238 Determinations for Hazardous Waste Export and Import Documents:
401.03(b)(36), 510.06, 601.01(b)(5), 705.01(b)(1), 808.02(e),
808.03(e), 808.04(a)(3), 809.03(c), 809.05, 1101.02(c), 1102.08(a), and
1106.07(a), CL236 Imports and Exports of Hazardous Waste).
There are several Federal rules that have been vacated, withdrawn,
or superseded. As a result, authorization of these rules may be moot.
However, for purposes of completeness, these rule checklists are
included here with an explanation as to the rule's status in New
Hampshire. These checklists include: CL 216: Exclusion of Oil-Bearing
Secondary Materials Processed in a Gasification System to Produce
Synthetic Gas (73 FR 57, January 2, 2008); CL 221: Expansion of RCRA
Comparable Fuel Exclusion (73 FR 77954, December 19, 2008); CL 224:
Withdrawal of the Emission Comparable Fuel Exclusion (75 FR 33712, June
15, 2010); and CL 234: Vacatur of the Comparable Fuels Rule and the
Gasification Rule (80 FR 18777, April 8, 2015)--CLs 216, 221, and 224
have been vacated. CL 234 implements the vacatur of these provisions.
New Hampshire did not adopt the exclusions contained in CLs 216, 221,
or 224; therefore, the adoption of CL 234 in New Hampshire would be
inconsequential. New Hampshire's authorized program continues to be
equivalent to and no less stringent than the Federal program without
having to make any conforming changes pursuant to these rule
checklists.
I. Who handles permits after the authorization takes effect?
When the final authorization takes effect, New Hampshire will issue
permits for all the provisions for which it is authorized and will
administer the permits it issues. EPA will continue to administer and
enforce any RCRA and HSWA (Hazardous and Solid Waste Act) permits or
portions of permits that it has issued in New Hampshire prior to the
effective date of this authorization until the State incorporates the
terms and conditions of the federal permits into the State RCRA
permits. EPA will not issue any new permits, or new portions of
permits, for the provisions listed in the Table above after the
effective date of this authorization. EPA will continue to implement,
and issue permits for any HSWA requirements for which New Hampshire is
not yet authorized. EPA has the authority to enforce state-issued
permits after the State is authorized.
J. What is codification and will the EPA codify New Hampshire's
hazardous waste program as authorized in this rule?
Codification is the process of placing citations and references to
the State's statutes and regulations that comprise the State's
authorized hazardous waste program into the Code of Federal
Regulations. EPA does this by adding those citations and references to
the authorized State rules in 40 CFR part 272. EPA is not proposing to
codify the authorization of New Hampshire's changes at this time.
However, EPA reserves the ability to amend 40 CFR part 272, subpart UU
for the authorization of New Hampshire's program at a later date.
K. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action authorizes
State requirements for the purpose of RCRA section 3006 and imposes no
additional requirements beyond those imposed by State law. Therefore,
this action is not subject to review by OMB. This action is not an
Executive Order 14094 (88 FR 21879, April 11, 2023) regulatory action
because actions such as the authorization of New Hampshire's revised
hazardous waste program under RCRA are exempted under Executive Order
12866. Accordingly, I certify that this action will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this action authorizes pre-existing requirements under State law and
does not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates
[[Page 55394]]
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).
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this action authorizes pre-
existing State rules which are at least equivalent to, and no less
stringent than existing federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
this rule is not subject to Executive Order 12898.
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
