Arizona: Authorization of State Hazardous Waste Management Program Revisions; Proposed Correction, 86100-86103 [2023-27156]
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86100
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules
02Q. 0802 Gasoline service stations and
dispensing facilities (Effective 04/01/2018)
02Q. 0803 Coating, solvent cleaning,
graphic arts operations (Effective 04/01/
2018)
02Q. 0804 Dry cleaning facilities (Effective
04/01/2018)
02Q. 0805 Grain elevators (Effective 04/01/
2018)
02Q. 0806 Cotton gins (Effective 04/01/
2018)
02Q. 0807 Emergency generators (Effective
04/01/2018)
02Q. 0808 Peak shaving generators
(Effective 04/01/2018)
02Q. 0810 Air curtain burners (Effective 04/
01/2018)
Section .0900—Permit Exemptions
02Q. 0901 Purpose and scope (Effective 04/
01/2018)
02Q. 0902 Portable crushers (Effective 04/
01/2018)
02Q. 0903 Emergency generators (Effective
04/01/2018)
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*
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*
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[FR Doc. 2023–27091 Filed 12–11–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R09–RCRA–2021–0431; FRL–8828–
04–R9]
Sorcha Vaughan, EPA Region 9, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4217 or by
email at vaughan.sorcha@epa.gov.
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; correction.
AGENCY:
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUPPLEMENTARY INFORMATION:
The Environmental Protection
Agency (EPA) approved revisions to
Arizona’s federally authorized
hazardous waste program by publishing
proposed and direct final rules in the
Federal Register on September 28, 2021.
EPA inadvertently omitted a citation to
Checklist 233 in the text of the proposed
and direct final rule. With this
correction, EPA is clarifying that
Arizona has adopted Checklist 233 and
is authorized for the Response to
Vacatur of Certain Provisions of the
Definition of Solid Waste Rule
published on May 30, 2018.
Additionally, EPA is clarifying that
Arizona is not required to adopt
Checklist 224: Withdrawal of the
Emission Comparable Fuel Exclusion.
Arizona did not adopt the exclusion
contained in Checklist 221, and thus,
does not have the exclusion as part of
its authorized state program. We are
proposing to correct these and related
errors. EPA seeks public comment prior
to taking final action.
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Submit your comments,
identified by Docket ID No. EPA–R09–
RCRA–2021–0431, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Arizona: Authorization of State
Hazardous Waste Management
Program Revisions; Proposed
Correction
SUMMARY:
Comments on this proposed
correction must be received by January
11, 2024.
DATES:
A. Why are corrections to the revised
state program authorization necessary?
States that have received final
authorization from EPA under Section
3006(b) of the Resource Conservation
and Recovery Act (RCRA), 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 to maintain consistency
and stringency with the federal rules
and must ask EPA to authorize the
changes. EPA’s Federal Register notices
regarding proposed authorization of
revisions to state hazardous waste
management programs provide the
public with an opportunity to comment
and also offer details with respect to the
scope of the revised program
authorizations on which both the
general public and the regulated
community may rely. Where these
notices omit critical information or fail
to clearly delineate the scope of
authorized program revisions,
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Sfmt 4702
corrections may be necessary and/or
appropriate.
B. What corrections is EPA making to
this rule?
EPA authorized changes to Arizona’s
hazardous waste program with the
proposed and direct to final rule on
September 28, 2021 (86 FR 53558). EPA
is now proposing to correct this updated
authorization by: (1) clarifying that
Arizona has adopted and is authorized
for Response to Vacatur of Certain
Provisions of the Definition of Solid
Waste Rule 83 FR 24664 (May 5, 2018);
and (2) recognizing that because
Arizona did not adopt the exclusion
contained in Checklist 221 the adoption
of Checklist 224 is unnecessary. These
proposed corrections to the scope of
Arizona’s authorized hazardous waste
program would become effective if
finalized.
C. What happens if EPA receives
comments that oppose this proposed
action?
EPA will consider all comments
received during the comment period
and address them in a final rule. You
may not have another opportunity to
comment. If you want to comment on
the corrections proposed here, you must
do so at this time.
D. What has Arizona previously been
authorized for?
Arizona initially received final
authorization to implement its base
hazardous waste management program
on November 20, 1985. Arizona
received authorization for revisions to
its program on August 6, 1991 (56 FR
37290 effective October 7, 1991), July
13, 1992 (57 FR 30905 effective
September 11, 1992), November 23,
1992 (57 FR 54932 effective January 22,
1993), October 27, 1993 (58 FR 57745
effective December 27, 1993), July 18,
1995 (60 FR 36731 effective June 12,
1995), March 7, 1997 (62 FR 10464
effective May 6, 1997), October 28, 1998
(63 FR 57605–57608 effective December
28, 1998), March 17, 2004 (69 FR 12544
effective March 17, 2004, originally
published on October 27, 2000 (65 FR
64369)), December 20, 2017 (82 FR
60550 effective January 20, 2018), and
September 28, 2021 (86 FR 53558
effective November 29, 2021).
E. What changes is EPA proposing to
authorize with this action?
EPA proposes to correct and clarify
the terms of the September 28, 2021,
authorization of Arizona’s hazardous
waste program with respect to the
definition of a solid waste. EPA also
proposes to acknowledge that Arizona is
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules
not required to seek authorization for
Checklist 224, as it did not adopt the
associated exclusion from Checklist 221
into its state regulations.
1. Proposed Changes to the State
Analogues to the Federal Program Table.
EPA is recreating in this proposal the
State Analogues to the Federal Program
table that was published in the
proposed authorization update Federal
Register notice at 86 FR 53558 (Sept. 28,
2021). EPA inadvertently omitted from
the proposed and final rules that under
Checklist 233 Arizona has adopted and
was authorized for in 83 FR 24664 (May
30, 2018) Response to Vacatur of Certain
Description of Federal requirement
and checklist number
Federal Register volume,
page and date
Arizona Administrative
Register (A.A.R) and
effective date
NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final Replacement Standards and
Phase II) Amendments (217).
F019 Exemption for Wastewater Treatment Sludges
from Auto Manufacturing Zinc Phosphating Processes.
Revisions to DSW Rule (219) .........................................
73 FR 18970 (4/8/2008) ....
21 A.A.R 1246 (9/05/2015)
R18–8–264 (A).
R18–8–266 (A).
73 FR 31756 (6/04/2008) ..
21 A.A.R 1246 (9/05/2015)
R18–8–261 (A).
73 FR 64668–64788 (10/
30/2008).
26 A.A.R 2949 (11/03/
2020).
Academic Laboratories Generator Standards (220) .......
OECD Requirements; Export Shipments of Spent LeadAcid Batteries (222).
73 FR 72912 (12/01/2008)
75 FR 1236–1262 (1/8/
2010).
21 A.A.R 1246 (9/05/2015)
21 A.A.R 1246 (9/05/2015)
Technical Corrections/Clarifications (223) .......................
75 FR 12989–13009 (3/18/
2010), 75 FR 31716–
31717 (6/4/2010).
21 A.A.R 1246 (9/05/2015)
Removal of Saccharin and its Salts from the list of HW
(225).
Academic Laboratories Generator Standards Technical
Corrections (226).
Revisions to Treatment Standards of Carbamate
Wastes (227).
Technical Correction/Clarification (228) ..........................
75 FR 78918–78926 (12/
17/2010).
75 FR 79304 (12/20/2010)
21 A.A.R 1246 (9/05/2015)
76 FR 34147–34157 (6/13/
2011).
77 FR 22229–22232 (4/13/
2012).
78 FR 46448–46485 (7/31/
2013).
79 FR 350 (1/03/2014) ......
21 A.A.R 1246 (9/05/2015)
R18–8–260 (C).
R18–8–261 (A).
R18–8–270 (A)
R18–8–262 (A).
R 18–8–262 (A).
R18–8–263 (A).
R18–8–264 (A).
R18–8–264 (A).
R18–8–266 (A).
R18–8–260 (C).
R18–8–262 (A).
R18–8–262 (A).
R18–8–263(A).
R18–8–264 (A).
R18–8–265 (A).
R18–8–266 (A).
R18–8–268.
R18–8–270 (A).
R18–8–261(A).
R18–8–268.
R18–8–261 (A).
R18–8–262 (A).
R18–8–268.
79 FR 7518–7563 (2/7/
2014).
25 A.A.R 435 (2/05/2019)
79 FR 36220–36231 (6/26/
2014).
80 FR 1694–1814 (1/13/
2015); 83 FR 24664–
24671 (5/30/2018).
80 FR 18777–18780 (4/8/
2015).
80 FR 21302 (4/17/2015) ..
25 A.A.R 435 (2/05/2019)
81 FR 85696–85729 (11/
28/2016), 82 FR 41015–
41016 (8/29/2017).
25 A.A.R 435 (2/05/2019)
Conditional Exclusions for Solvent Contaminated Wipes
(229).
Conditional Exclusion for Carbon Dioxide (CO2)
Streams in Geologic Sequestration Activities (230).
Hazardous Waste Electronic Manifest System (231) .....
Revisions to Export Provisions of the Cathode Ray
Tube (CRT) Rule (232).
Revision to DSW Rule—Non-waste determinations and
variances (233).
Vacatur of Comparable Fuels and Gasification (234) .....
ddrumheller on DSK120RN23PROD with PROPOSALS1
Provisions of the Definition of Solid
Waste Rule. The corrections proposed in
this rule, and described above, would
require modifications to the State
Analogues to the Federal Program table
published on September 28, 2021 (86 FR
53558), as follows:
Disposal of Coal Combustion Residuals from Electric
Utilities (235).
Imports and Exports of Hazardous Waste (236) ............
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21 A.A.R 1246 (9/05/2015)
21 A.A.R 1246 (9/05/2015)
21 A.A.R 1246 (9/05/2015)
25 A.A.R 435 (2/05/2019)
26 A.A.R 2949 (11/03/
2020).
25 A.A.R 435 (2/05/2019)
25 A.A.R 435 (2/05/2019)
E:\FR\FM\12DEP1.SGM
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Arizona Administrative
Code (A.A.C) implementing
rule sections
R18–8–261
R18–8–266
R18–8–260
R18–8–261
R18–8–260
R18–8–261
R18–8–260
R18–8–262
R18–8–263
R18–8–264
R18–8–265
R18–8–260
R18–8–261
R18–8–260
R18–8–261
R18–8–270
R18–8–260
R18–8–261
R18–8–261
(A).
(A).
(A).
(A).
(C).
(A).
(C).
(A).
(A).
(A).
(A).
(C).
(A).
(C).
(A).
(A).
(C).
(A).
(A).
R18–8–260 (C).
R18–8–261 (A).
R18–8–262 (A).
R18–8–263 (A).
R18–8–264 (A).
R18–8–265 (A).
R18–8–266 (A).
R18–8–273.
86102
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules
Description of Federal requirement
and checklist number
Generator Improvements Rule (237) ..............................
81 FR 85732–85829 (11/
28/2016).
25 A.A.R 435 (2/05/2019)
Confidentiality Determinations for Hazardous Waste Export and Import Documents (238).
82 FR 60894–60901 (12/
26/2017).
25 A.A.R 435 (2/05/2019)
Hazardous Waste Electronic Manifest System User Fee
(239).
83 FR 420–462 (1/3/2018)
25 A.A.R 435 (2/05/2019)
Safe Management of Recalled Airbags (240) .................
83 FR 61552 (11/30/2018)
26 A.A.R 2949 (11/03/
2020).
Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine (241).
84 FR 5816 (2/22/2019) ....
26 A.A.R 2949 (11/03/
2020).
Universal Waste Regulations: Addition of Aerosol Cans
(242).
84 FR 67202 (12/09/2019)
26 A.A.R 2949 (11/03/
2020).
2. 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 above with an
explanation as to the rule’s status in
Arizona. Arizona never adopted the
RCRA comparable fuel exclusion
contained in Checklist 221: Expansion
of RCRA Comparable Fuel Exclusion (73
FR 77954, December 19, 2008) therefore
adopting Checklist 224: Withdrawal of
the Emission Comparable Fuel
Exclusion (75 FR 33712, June 15, 2010)
would be unnecessary. Arizona’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 the checklists.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Arizona Administrative
Register (A.A.R) and
effective date
Federal Register volume,
page and date
F. How does this action affect Indian
country (18 U.S.C. 1151) in Arizona?
Arizona is not authorized to carry out
its hazardous waste program in Indian
country within the state. Therefore, this
action has no effect on Indian country.
EPA retains jurisdiction over Indian
country and will continue to implement
and administer the federal RCRA
program on these lands.
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G. Statutory and Executive Order
Reviews
The Office of Management and Budget
(OMB) has exempted this action (RCRA
state authorization) from the
requirements of Executive Order 12866
(58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011).
Therefore, this action is not subject to
review by OMB. This action proposes
corrections to the authorization of state
requirements for the purpose of Section
3006 of RCRA and imposes no
additional requirements beyond those
imposed by state law. Accordingly, 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 proposes
correction of the authorization of preexisting requirements under state law
and does not impose any additional
enforceable duty beyond that required
by state law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4). As
explained above, this proposed action
also does not significantly or uniquely
affect the communities of Tribal
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Arizona Administrative
Code (A.A.C) implementing
rule sections
R18–8–260 (C).
R18–8–265 (A).
R18–8–268.
R18–8–270(A).
R18–8–273.
R18–8–260 (C).
R18–8–261 (A).
R18–8–262 (A).
R18–8–260 (C).
R18–8–262 (A).
R18–8–263 (A).
R18–8–264 (A).
R18–8–265 (A).
R18–8–260 (C).
R18–8–261 (A).
R18–8–262 (A).
R18–8–260 (C).
R18–8–261(A).
R18–8–262 (A).
R18–8–263 (A).
R18–8–264 (A).
R18–8–265 (A).
R18–8–266(A).
R18–8–286.
R18–8–270 (A).
R18–8–273.
R18–8–260 (C).
R18–8–261 (A).
R18–8–264 (A).
R18–8–265 (A).
R18–8–268.
R18–8–270 (A).
R18–8–273.
governments, as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000). This proposed 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
corrects the Federal Register notice in
which EPA authorized 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 proposed action also is not subject
to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant, and it does not
concern environmental health or safety
risks that EPA has reason to believe may
disproportionally affect children. This
proposed correction 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
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
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 do not apply.
See 15 U.S.C. 272 note, sec. 12(d)(3),
Public Law 104–113, 110 Stat. 783 (Mar.
7, 1996) (exempting compliance with
the NTTAA’s requirement to use VCS if
compliance is ‘‘inconsistent with
applicable law’’). As required by section
3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this
proposed correction to its rule, the EPA
has taken the necessary steps to
eliminate drafting errors and ambiguity,
minimize potential litigation, and
provide a clear legal standard for
affected conduct. The EPA has complied
with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the
takings implications of the proposed
correction to the rule in accordance
with the ‘‘Attorney General’s
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16:23 Dec 11, 2023
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Supplemental Guidelines for the
Evaluation of Risk and Avoidance of
Unanticipated Takings’’ issued under
the Executive Order. This proposed
correction to the rule authorizing
Arizona’s revision to DSW Rule Nonwaste determinations and variances
does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). Executive Order
12898 (59 FR 7629, February 16, 1994)
establishes federal executive policy on
environmental justice. Its main
provision directs federal agencies, to the
greatest extent practicable and
permitted by law, to make
environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
Because this proposed correction to the
Arizona’s Revision to DSW Rule—Nonwaste determinations and variances
authorization rule authorizes preexisting state rules which are at least
equivalent to, and no less stringent than
existing federal requirements, and
impose no additional requirements
beyond those imposed by state law, and
there are no anticipated significant
PO 00000
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Sfmt 9990
86103
adverse human health or environmental
effects, the rule is not subject to
Executive Order 12898. The
Congressional Review Act, 5 U.S.C. 801
et seq., as added by the Small Business
Regulatory Enforcement Fairness Act of
1996, generally provides that before a
rule may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. The EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the final rule correction
in the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This proposed correction is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
Dated: November 26, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023–27156 Filed 12–11–23; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Proposed Rules]
[Pages 86100-86103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27156]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R09-RCRA-2021-0431; FRL-8828-04-R9]
Arizona: Authorization of State Hazardous Waste Management
Program Revisions; Proposed Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) approved revisions
to Arizona's federally authorized hazardous waste program by publishing
proposed and direct final rules in the Federal Register on September
28, 2021. EPA inadvertently omitted a citation to Checklist 233 in the
text of the proposed and direct final rule. With this correction, EPA
is clarifying that Arizona has adopted Checklist 233 and is authorized
for the Response to Vacatur of Certain Provisions of the Definition of
Solid Waste Rule published on May 30, 2018. Additionally, EPA is
clarifying that Arizona is not required to adopt Checklist 224:
Withdrawal of the Emission Comparable Fuel Exclusion. Arizona did not
adopt the exclusion contained in Checklist 221, and thus, does not have
the exclusion as part of its authorized state program. We are proposing
to correct these and related errors. EPA seeks public comment prior to
taking final action.
DATES: Comments on this proposed correction must be received by January
11, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
RCRA-2021-0431, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sorcha Vaughan, EPA Region 9, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4217 or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
A. Why are corrections to the revised state program authorization
necessary?
States that have received final authorization from EPA under
Section 3006(b) of the Resource Conservation and Recovery Act (RCRA),
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 to maintain consistency and stringency with the federal rules
and must ask EPA to authorize the changes. EPA's Federal Register
notices regarding proposed authorization of revisions to state
hazardous waste management programs provide the public with an
opportunity to comment and also offer details with respect to the scope
of the revised program authorizations on which both the general public
and the regulated community may rely. Where these notices omit critical
information or fail to clearly delineate the scope of authorized
program revisions, corrections may be necessary and/or appropriate.
B. What corrections is EPA making to this rule?
EPA authorized changes to Arizona's hazardous waste program with
the proposed and direct to final rule on September 28, 2021 (86 FR
53558). EPA is now proposing to correct this updated authorization by:
(1) clarifying that Arizona has adopted and is authorized for Response
to Vacatur of Certain Provisions of the Definition of Solid Waste Rule
83 FR 24664 (May 5, 2018); and (2) recognizing that because Arizona did
not adopt the exclusion contained in Checklist 221 the adoption of
Checklist 224 is unnecessary. These proposed corrections to the scope
of Arizona's authorized hazardous waste program would become effective
if finalized.
C. What happens if EPA receives comments that oppose this proposed
action?
EPA will consider all comments received during the comment period
and address them in a final rule. You may not have another opportunity
to comment. If you want to comment on the corrections proposed here,
you must do so at this time.
D. What has Arizona previously been authorized for?
Arizona initially received final authorization to implement its
base hazardous waste management program on November 20, 1985. Arizona
received authorization for revisions to its program on August 6, 1991
(56 FR 37290 effective October 7, 1991), July 13, 1992 (57 FR 30905
effective September 11, 1992), November 23, 1992 (57 FR 54932 effective
January 22, 1993), October 27, 1993 (58 FR 57745 effective December 27,
1993), July 18, 1995 (60 FR 36731 effective June 12, 1995), March 7,
1997 (62 FR 10464 effective May 6, 1997), October 28, 1998 (63 FR
57605-57608 effective December 28, 1998), March 17, 2004 (69 FR 12544
effective March 17, 2004, originally published on October 27, 2000 (65
FR 64369)), December 20, 2017 (82 FR 60550 effective January 20, 2018),
and September 28, 2021 (86 FR 53558 effective November 29, 2021).
E. What changes is EPA proposing to authorize with this action?
EPA proposes to correct and clarify the terms of the September 28,
2021, authorization of Arizona's hazardous waste program with respect
to the definition of a solid waste. EPA also proposes to acknowledge
that Arizona is
[[Page 86101]]
not required to seek authorization for Checklist 224, as it did not
adopt the associated exclusion from Checklist 221 into its state
regulations.
1. Proposed Changes to the State Analogues to the Federal Program
Table.
EPA is recreating in this proposal the State Analogues to the
Federal Program table that was published in the proposed authorization
update Federal Register notice at 86 FR 53558 (Sept. 28, 2021). EPA
inadvertently omitted from the proposed and final rules that under
Checklist 233 Arizona has adopted and was authorized for in 83 FR 24664
(May 30, 2018) Response to Vacatur of Certain Provisions of the
Definition of Solid Waste Rule. The corrections proposed in this rule,
and described above, would require modifications to the State Analogues
to the Federal Program table published on September 28, 2021 (86 FR
53558), as follows:
----------------------------------------------------------------------------------------------------------------
Arizona Administrative
Description of Federal requirement Federal Register Arizona Administrative Code (A.A.C)
and checklist number volume, page and date Register (A.A.R) and implementing rule
effective date sections
----------------------------------------------------------------------------------------------------------------
NESHAP: Final Standards for Hazardous 73 FR 18970 (4/8/2008). 21 A.A.R 1246 (9/05/ R18-8-264 (A).
Waste Combustors (Phase I Final 2015). R18-8-266 (A).
Replacement Standards and Phase II)
Amendments (217).
F019 Exemption for Wastewater 73 FR 31756 (6/04/2008) 21 A.A.R 1246 (9/05/ R18-8-261 (A).
Treatment Sludges from Auto 2015).
Manufacturing Zinc Phosphating
Processes.
Revisions to DSW Rule (219).......... 73 FR 64668-64788 (10/ 26 A.A.R 2949 (11/03/ R18-8-260 (C).
30/2008). 2020). R18-8-261 (A).
R18-8-270 (A)
Academic Laboratories Generator 73 FR 72912 (12/01/ 21 A.A.R 1246 (9/05/ R18-8-262 (A).
Standards (220). 2008). 2015).
OECD Requirements; Export Shipments 75 FR 1236-1262 (1/8/ 21 A.A.R 1246 (9/05/ R 18-8-262 (A).
of Spent Lead-Acid Batteries (222). 2010). 2015). R18-8-263 (A).
R18-8-264 (A).
R18-8-264 (A).
R18-8-266 (A).
Technical Corrections/Clarifications 75 FR 12989-13009 (3/18/ 21 A.A.R 1246 (9/05/ R18-8-260 (C).
(223). 2010), 75 FR 31716- 2015). R18-8-262 (A).
31717 (6/4/2010). R18-8-262 (A).
R18-8-263(A).
R18-8-264 (A).
R18-8-265 (A).
R18-8-266 (A).
R18-8-268.
R18-8-270 (A).
Removal of Saccharin and its Salts 75 FR 78918-78926 (12/ 21 A.A.R 1246 (9/05/ R18-8-261(A).
from the list of HW (225). 17/2010). 2015). R18-8-268.
Academic Laboratories Generator 75 FR 79304 (12/20/ 21 A.A.R 1246 (9/05/ R18-8-261 (A).
Standards Technical Corrections 2010). 2015). R18-8-262 (A).
(226).
Revisions to Treatment Standards of 76 FR 34147-34157 (6/13/ 21 A.A.R 1246 (9/05/ R18-8-268.
Carbamate Wastes (227). 2011). 2015).
Technical Correction/Clarification 77 FR 22229-22232 (4/13/ 21 A.A.R 1246 (9/05/ R18-8-261 (A).
(228). 2012). 2015). R18-8-266 (A).
Conditional Exclusions for Solvent 78 FR 46448-46485 (7/31/ 21 A.A.R 1246 (9/05/ R18-8-260 (A).
Contaminated Wipes (229). 2013). 2015). R18-8-261 (A).
Conditional Exclusion for Carbon 79 FR 350 (1/03/2014).. 25 A.A.R 435 (2/05/ R18-8-260 (C).
Dioxide (CO2) Streams in Geologic 2019). R18-8-261 (A).
Sequestration Activities (230).
Hazardous Waste Electronic Manifest 79 FR 7518-7563 (2/7/ 25 A.A.R 435 (2/05/ R18-8-260 (C).
System (231). 2014). 2019). R18-8-262 (A).
R18-8-263 (A).
R18-8-264 (A).
R18-8-265 (A).
Revisions to Export Provisions of the 79 FR 36220-36231 (6/26/ 25 A.A.R 435 (2/05/ R18-8-260 (C).
Cathode Ray Tube (CRT) Rule (232). 2014). 2019). R18-8-261 (A).
Revision to DSW Rule--Non-waste 80 FR 1694-1814 (1/13/ 26 A.A.R 2949 (11/03/ R18-8-260 (C).
determinations and variances (233). 2015); 83 FR 24664- 2020). R18-8-261 (A).
24671 (5/30/2018). R18-8-270 (A).
Vacatur of Comparable Fuels and 80 FR 18777-18780 (4/8/ 25 A.A.R 435 (2/05/ R18-8-260 (C).
Gasification (234). 2015). 2019). R18-8-261 (A).
Disposal of Coal Combustion Residuals 80 FR 21302 (4/17/2015) 25 A.A.R 435 (2/05/ R18-8-261 (A).
from Electric Utilities (235). 2019).
Imports and Exports of Hazardous 81 FR 85696-85729 (11/ 25 A.A.R 435 (2/05/ R18-8-260 (C).
Waste (236). 28/2016), 82 FR 41015- 2019). R18-8-261 (A).
41016 (8/29/2017). R18-8-262 (A).
R18-8-263 (A).
R18-8-264 (A).
R18-8-265 (A).
R18-8-266 (A).
R18-8-273.
[[Page 86102]]
Generator Improvements Rule (237).... 81 FR 85732-85829 (11/ 25 A.A.R 435 (2/05/ R18-8-260 (C).
28/2016). 2019). R18-8-265 (A).
R18-8-268.
R18-8-270(A).
R18-8-273.
Confidentiality Determinations for 82 FR 60894-60901 (12/ 25 A.A.R 435 (2/05/ R18-8-260 (C).
Hazardous Waste Export and Import 26/2017). 2019). R18-8-261 (A).
Documents (238). R18-8-262 (A).
Hazardous Waste Electronic Manifest 83 FR 420-462 (1/3/ 25 A.A.R 435 (2/05/ R18-8-260 (C).
System User Fee (239). 2018). 2019). R18-8-262 (A).
R18-8-263 (A).
R18-8-264 (A).
R18-8-265 (A).
Safe Management of Recalled Airbags 83 FR 61552 (11/30/ 26 A.A.R 2949 (11/03/ R18-8-260 (C).
(240). 2018). 2020). R18-8-261 (A).
R18-8-262 (A).
Management Standards for Hazardous 84 FR 5816 (2/22/2019). 26 A.A.R 2949 (11/03/ R18-8-260 (C).
Waste Pharmaceuticals and Amendment 2020). R18-8-261(A).
to the P075 Listing for Nicotine R18-8-262 (A).
(241). R18-8-263 (A).
R18-8-264 (A).
R18-8-265 (A).
R18-8-266(A).
R18-8-286.
R18-8-270 (A).
R18-8-273.
Universal Waste Regulations: Addition 84 FR 67202 (12/09/ 26 A.A.R 2949 (11/03/ R18-8-260 (C).
of Aerosol Cans (242). 2019). 2020). R18-8-261 (A).
R18-8-264 (A).
R18-8-265 (A).
R18-8-268.
R18-8-270 (A).
R18-8-273.
----------------------------------------------------------------------------------------------------------------
2. 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 above with an explanation as to the rule's status in
Arizona. Arizona never adopted the RCRA comparable fuel exclusion
contained in Checklist 221: Expansion of RCRA Comparable Fuel Exclusion
(73 FR 77954, December 19, 2008) therefore adopting Checklist 224:
Withdrawal of the Emission Comparable Fuel Exclusion (75 FR 33712, June
15, 2010) would be unnecessary. Arizona'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 the
checklists.
F. How does this action affect Indian country (18 U.S.C. 1151) in
Arizona?
Arizona is not authorized to carry out its hazardous waste program
in Indian country within the state. Therefore, this action has no
effect on Indian country. EPA retains jurisdiction over Indian country
and will continue to implement and administer the federal RCRA program
on these lands.
G. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
(RCRA state authorization) from the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011). Therefore, this action is not subject to review by OMB. This
action proposes corrections to the authorization of state requirements
for the purpose of Section 3006 of RCRA and imposes no additional
requirements beyond those imposed by state law. Accordingly, 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 proposes correction of the
authorization of pre-existing requirements under state law and does not
impose any additional enforceable duty beyond that required by state
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). As explained above, this
proposed 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 proposed 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 corrects the Federal Register notice in which EPA
authorized 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 proposed action also is
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant, and it does not concern
environmental health or safety risks that EPA has reason to believe may
disproportionally affect children. This proposed correction 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
[[Page 86103]]
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 do not apply. See 15 U.S.C. 272 note, sec.
12(d)(3), Public Law 104-113, 110 Stat. 783 (Mar. 7, 1996) (exempting
compliance with the NTTAA's requirement to use VCS if compliance is
``inconsistent with applicable law''). As required by section 3 of
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this
proposed correction to its rule, the EPA has taken the necessary steps
to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
The EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the proposed correction
to the rule in accordance with the ``Attorney General's Supplemental
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings'' issued under the Executive Order. This proposed correction to
the rule authorizing Arizona's revision to DSW Rule Non-waste
determinations and variances does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Executive Order 12898 (59 FR 7629, February 16,
1994) establishes federal executive policy on environmental justice.
Its main provision directs federal agencies, to the greatest extent
practicable and permitted by law, to make environmental justice part of
their mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States. Because
this proposed correction to the Arizona's Revision to DSW Rule--Non-
waste determinations and variances authorization rule authorizes pre-
existing state rules which are at least equivalent to, and no less
stringent than existing federal requirements, and impose no additional
requirements beyond those imposed by state law, and there are no
anticipated significant adverse human health or environmental effects,
the rule is not subject to Executive Order 12898. The Congressional
Review Act, 5 U.S.C. 801 et seq., as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, generally provides that
before a rule may take effect, the agency promulgating the rule must
submit a rule report, which includes a copy of the rule, to each House
of the Congress and to the Comptroller General of the United States.
The EPA will submit a report containing this document and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the final rule correction in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This proposed correction is not a ``major rule''
as defined by 5 U.S.C. 804(2).
Authority: This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act
as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
Dated: November 26, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-27156 Filed 12-11-23; 8:45 am]
BILLING CODE 6560-50-P
