Rhode Island: Final Authorization of State Hazardous Waste Management Program; Revisions and Corrections, 70109-70114 [2024-19036]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Rules and Regulations]
[Pages 70109-70114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19036]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2023-0612; FRL 11619-02-R1]


Rhode Island: Final Authorization of State Hazardous Waste 
Management Program; Revisions and Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action.

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SUMMARY: The State of Rhode Island Department of Environmental 
Management (RIDEM) 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 Rhode Island's application and has 
determined that Rhode Island's hazardous waste program revision 
satisfies all of the requirements necessary to qualify for final 
authorization. Additionally, this document corrects errors made in the 
State authorization citations published in the March 12, 1990, March 5, 
1992, October 2, 1992, and August 9, 2002 Federal Register. The EPA is 
authorizing the State program revisions through this final action. In 
the ``Proposed Rules'' section of this 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 Rhode Island's revisions to its hazardous waste program 
will take effect.

DATES: This final authorization is effective on October 28, 2024, 
unless the EPA receives adverse written comment by September 30, 2024. 
Should the EPA receive such comments, it will publish a timely document 
either: withdrawing the final action or affirming the publication and 
responding to comments.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2023-0612, 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 visithttps://
www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Liz McCarthy or Joe Hayes, RCRA Waste 
Management and Lead Branch; Land, Chemicals, and Redevelopment 
Division; U.S. EPA Region 1, 5 Post Office Square, Suite 100 (Mail code 
07-1), Boston, MA 02109-3912; phone: (617) 918-1447 or (617) 918-1362; 
email: [email protected] or [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 70110]]

I. Authorization of Revisions to Rhode Island's Hazardous Waste Program

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 Rhode 
Island, including the issuance of new permits implementing those 
requirements, until the State is granted authorization to do so.

B. What decisions has the EPA made in this final action?

    On September 12, 2023, Rhode Island submitted a complete program 
revision application seeking authorization of revisions to its 
hazardous waste program. The EPA concludes that Rhode Island's 
application to revise its authorized program meets all of the statutory 
and regulatory requirements established by RCRA, as set forth in RCRA 
section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, the 
EPA grants final authorization to Rhode Island to operate its hazardous 
waste program with the revisions described in its authorization 
application, and as listed below in section G of this document.
    The Rhode Island Department of Environmental Management (RI DEM) 
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?

    If the State of Rhode Island is authorized for these changes, a 
facility in Rhode Island subject to RCRA will now have to comply with 
the authorized State requirements instead of the equivalent Federal 
requirements in order to comply with RCRA. Additionally, such 
facilities will have to comply with any applicable Federal requirements 
such as, for example, HSWA regulations issued by the EPA for which the 
State has not received authorization. The State of Rhode Island 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 or 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 to approve these provisions will not impose additional 
requirements on the regulated community because the regulations for 
which the State of Rhode Island is requesting authorization are already 
effective under State law and are not changed by the act of 
authorization.

D. Why is the EPA using a final action?

    The EPA is publishing this action without prior proposal because 
the EPA views this as a noncontroversial action and anticipates no 
adverse comment. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed action allowing the public an opportunity to comment. 
We will not institute a second comment period on this action. Any 
parties interested in commenting must do so at this time. For further 
information about commenting on this action, see the ADDRESSES section 
of this document.

E. What happens if the EPA receives comments opposing this action?

    If the EPA receives comments that oppose this authorization, we 
will publish a timely withdrawal in the Federal Register informing the 
public that this final action will not take effect. We will address all 
public comments in a later Federal Register. You will not have another 
opportunity to comment. If you want to comment on this action, you must 
do so at this time.

F. What has Rhode Island previously been authorized for?

    Rhode Island initially received final Authorization on January 30, 
1986, effective January 31, 1986 (51 FR 3780) to implement its base 
hazardous waste management program. The EPA granted authorization for 
revisions to Rhode Island's regulatory program on the following dates: 
March 12, 1990, effective March 26, 1990 (55 FR 9128); March 6, 1992, 
effective May 5, 1992 (57 FR 8089); October 2, 1992, effective December 
1, 1992 (57 FR 45574); August 9, 2002, effective October 8, 2002 (67 FR 
51765); December 11, 2007, effective February 11, 2008 (72 FR 70229); 
and July 26, 2010, effective September 24, 2010 (75 FR 43409). 
Additionally, on July 26, 2010 (75 FR 43478), the EPA granted Rhode 
Island final authorization to operate its hazardous waste program with 
the changes relating to the Zinc Fertilizer Rule and Burden Reduction 
Initiative which became effective on September 24, 2010 (75 FR 57188).

G. What changes is the EPA authorizing with this action?

    On June 25, 2024, Rhode Island submitted a final complete program 
revision application, seeking authorization of additional revisions to 
its program in accordance with 40 CFR 271.21. We now make a final 
decision, subject to receipt of written comments that oppose this 
action, that Rhode Island's hazardous waste program satisfies all of 
the requirements necessary to qualify for final authorization. The 
RIDEM revisions consist of regulations which specifically govern 
Federal hazardous waste revisions promulgated between July 1, 2008, 
through June 30, 2013 (RCRA Clusters XIX through XXII), and the Federal 
final rule published July 31, 2013 (78 FR 46448, effective January 31, 
2014) (Revision Checklist 229), except as listed below; as well as 
State-initiated changes to the State's previously authorized program. 
The Rhode Island revisions being authorized in this action include 
provisions that contain purely Federal functions which are not 
delegable to States. The non-delegable Federal program areas include 
import/export requirements reserved as part of the Federal foreign 
relations function and manifest registry administered solely by the 
EPA. Rhode Island has appropriately adopted these provisions by leaving 
the authority with the EPA for implementation and enforcement.
    Rhode Island's regulatory references are to Rhode Island Code of 
Regulations

[[Page 70111]]

(RICR) Title 250 Department of Environmental Management, Chapter 140 
Waste and Materials Management, Subchapter 10 Hazardous Waste, Part 1 
Rules and Regulations for Hazardous Waste Management (250-RICR-140-10-
1), as amended effective April 22, 2020. Rhode Island's statutory 
authority for its hazardous waste program is based on the Rhode Island 
Hazardous Waste Management Act (Rhode Island General Laws Title 23 
Health and Safety, Chapter 23--19.1 Hazardous Waste Management). 
Therefore, we grant Rhode Island final authorization for the following 
changes that are being recognized as no less stringent than the 
analogous Federal requirements:
1. Program Revision Changes for Federal Rules
    The State of Rhode Island revisions consist of regulations which 
specifically govern Federal hazardous waste revisions promulgated from 
July 1, 2008, through June 30, 2013 (RCRA Clusters XIX through XXII), 
and the Federal final rule published July 31, 2013 (78 FR 46448, 
effective January 31, 2014) (Revision Checklist 229); except the final 
rules published October 30, 2008 (73 FR 64668, effective December 29, 
2008) (Revision Checklist 219), December 1, 2008 (73 FR 72912, 
effective December 31, 2008) (Revision Checklist 220), January 8, 2010 
(75 FR 1236, effective July 7, 2010) (Revision Checklist 222), and 
December 20, 2010 (75 FR 79304, effective March 7, 2011) (Revision 
Checklist 226).

       Table 1--Rhode Island's Analogs to the Federal Requirements
------------------------------------------------------------------------
 Federal citation (40 CFR as of July
              1, 2013)                     Analogous State authority
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1. 40 CFR 124.3, 124.5, 124.6,        Title 250 Rhode Island Code of
 124.8, 124.10, 124.11, 124.12,        Regulations (250-RICR-140-10-1)
 124.15, 124.17, 124.19, 124.31        250-RICR-140-10-1.9(C)(2) through
 through 124.33.                       (C)(14).
2. 40 CFR part 260, except 260.30(d)  Title 250 Rhode Island Code of
 and (e), 260.33, 260.34, 260.42,      Regulations (250-RICR-140-10-1)
 260.43.                               250-RICR-140-10-1.4(B), 1.4(C),
                                       1.5(A) (except State-only terms
                                       authorized as State-initiated
                                       changes in Item G.2 below), 1.6.
                                       (More stringent provisions:
                                       1.4(C)(8) through (C)(13)).
3. 40 CFR part 261, except Sec.       250-RICR-140-10-1.4(B), 1.4(C)
 Sec.   261.2(a)(1), (a)(2)(ii),       introductory paragraph,
 (c)(3), (c) Table, 261.4(a)(23),      1.4(C)(14) through (30),
 (a)(24), (a)(25), (b)(7)(ii)(F),      1.5(A)(14), 1.13 (More stringent
 (b)(10), (b)(18); subpart H.          provisions: 1.4(C)(15) through
                                       (C)(19), (C)(21), (C)(25,
                                       (C)(26), (C)(30), 1.13; Rhode
                                       Island is also more stringent
                                       because the State has not adopted
                                       40 CFR part 261, subpart H,
                                       subjecting those materials to
                                       full regulation.).
4. 40 CFR part 262, except Sec.       250-RICR-140-10-1.7.1 through
 Sec.   262.10(l), 262.34(h) and       1.7.4, 1.7.6 through 1.7.14.
 (i); subparts E, F, H, and K.         (More stringent provisions:
                                       1.7.1(B) through (E), 1.7.2
                                       through 1.7.4, 1.7.8, 1.7.11
                                       through 14; Rhode Island is also
                                       more stringent because the State
                                       has not adopted the Federal
                                       academic labs rule, subjecting
                                       those entities to full
                                       regulation.).
5. 40 CFR part 263, except Sec.       250-RICR-140-10-1.4(B), (D), 1.8.5
 263.20(h).                            through 1.8.7, 1.8.9 through
                                       1.8.15, 1.8.17, 1.8.18, 1.11.
                                       (More stringent provisions:
                                       1.4(D)(1), 1.8.5 through 1.8.7,
                                       1.8.9, 1.8.10 through 1.8.15,
                                       1.8.18, 1.11).
6. 40 CFR part 264, except Sec.       250-RICR-140-10-1.4(B), 1.4(E),
 Sec.   264.1(c), (d), (f), (g)(1),    1.10.2(A), 1.17.1, 1.17.3. (More
 (g)(4), (g)(12), 264.15(b)(5),        stringent provisions:
 264.18(a), 264.195(e); subparts AA,   1.10.2(A)(5), (6), (11) through
 BB, CC; Sec.  Sec.   264.149,         (13), (18) through (27), (32),
 264.150; appendix VI.                 (38), (40), (43) through (55),
                                       1.17.1).
7. 40 CFR part 265, except Sec.       250-RICR-140-10-1.4(B), 1.4(F).
 265.1(c)(8).                          (More stringent provisions:
                                       1.4(F)(1)).
8. 40 CFR part 266, except subpart H  250-RICR-140-10-1.4(B), 1.4(G).
                                       (More stringent provisions: Rhode
                                       Island is also more stringent
                                       because the State has omitted an
                                       analog to 40 CFR part 266,
                                       subpart H, as they do not allow
                                       this type of facility in the
                                       State.).
9. 40 CFR part 267..................  No State analogs, see section
                                       1.4(B). (More stringent
                                       provisions: Rhode Island is more
                                       stringent than the Federal
                                       because the State does not allow
                                       this type of permit to be used.).
10. 40 CFR part 268.................  No State analogs, see section
                                       1.4(B).
11. 40 CFR part 270, except Sec.      250-RICR-140-10-1.4(B), 1.4(H),
 Sec.   270.1(c)(1)(iii),              1.9(B), 1.17.2(A)(1) through (9).
 (c)(2)(ii), (c)(2)(ix),               (More stringent provisions:
 270.10(a)(5), (a)(6), (e)(1)(iii),    1.9(B)(1)(d) first, second,
 (l), 270.15(e), 270.16(k),            fourth and fifth sentences,
 270.17(j), 270.22, 270.24, 270.25,    (B)(1)(g), (B)(1)(k), (B)(1)(l),
 270.27, 270.60(a), 270.63 through     (B)(1)(o), (B)(1)(p), (B)(1)(q),
 270.67; subparts I and J; Sec.        (B)(1)(t), (B)(1)(u), (B)(1)(v)
 Sec.   270.42(l), 270.215(c) and      introductory paragraph third
 (d).                                  sentence and (B)(1)(v)(1) through
                                       (3), (B)(2) through (20),
                                       (B)(22), (B)(24) through (37),
                                       B(39) through (51), (B)(54),
                                       (B)(56), (B)(58)).
12. 40 CFR part 273, except Sec.      250-RICR-140-10-1.4(B), 1.4(I),
 Sec.   273.3(b)(1), 273.4(b)(2),      1.14.1 through 1.14.5. (More
 273.5(b)(2), 273.8.                   stringent provisions:
                                       1.14.5(A)(8) through (A)(10),
                                       (A)(12) through (A)(15), (A)(17,
                                       (A)(18)).
13. 40 CFR part 279.................  250-RICR-140-10-1.16. (More
                                       stringent provisions:
                                       1.16.1(A)(5) through (8),
                                       (A)(12), A)(15), 1.16.2(A)(1),
                                       (A)(4), (A)(5), (A)(7), (A)(8),
                                       1.16.3, 1.16.3(A)(6) Table 3,
                                       1.16.4(A)(1)(a), (d), (e),
                                       (A)(2)(a) and (c), (A)(5),
                                       (A)(7)(d) and (e), (A)(7)(h),
                                       1.1.6(B) and (D), 1.16.7(C)(2),
                                       (D)(1), (E), (F), (G)(1)(b),
                                       (H)(2) through (5), (H)(7)
                                       through (12), (H)(14)(c),
                                       (H)(16), 1.16.8(B) through (E)
                                       and (G) through (J), (U), (V)).
------------------------------------------------------------------------

    Additionally, Rhode Island is being authorized for the following 
program areas which are particularly regulated by the State; the 
regulations for which have been analyzed by the EPA to ensure the Rhode 
Island regulations are equally or more protective of human health and 
the environment as the Federal regulations, and are neither less 
stringent, nor narrower in scope than the Federal program. The EPA has 
determined that the State's regulations for the listed programs are 
more protective or stricter than the Federal program; thus, these 
regulations are within the State's authority to maintain under RCRA 
section 3009. To determine whether the State regulations are stricter 
and not less stringent than the Federal regulations, the EPA has 
compared the State regulations to the Federal regulations, including 
examining interpretations that have been made of the Federal 
regulations (available in the

[[Page 70112]]

administrative record and in RCRA Online). However, in line with the 
national policy: Determining Equivalency of State RCRA Hazardous Waste 
Programs, September 7, 2005 (Equivalency Policy), the EPA has not 
required that the State follow the same identical approach as the 
Federal regulations. Rather, the EPA has focused, ``on whether the 
state requirements provide [at least] equal environmental results as 
the Federal counterparts.'' Id.
    (a) Rhode Island has additional, State-specific conditions which 
wastewater treatment units must meet in order to be exempt from the 40 
CFR part 264 standards as allowed by 40 CFR 264.1(g)(6). At 250-RICR-
140-10-1.10.2(A)(5), the State allows treatment in an evaporation unit 
(as defined by the State at 250-RICR-140-10-1.5(A)(30)) under the 
permit exemption under limited circumstances and only when this does 
``not allow evaporation of significant amounts of hazardous waste 
constituents into the air'' (250-RICR-140-10-1.7.1(C)(5)(e)(7).
    At the Federal level, the wastewater treatment unit (WWTU) 
exemption has been interpreted to cover many hazardous waste 
evaporators. Rhode Island is stricter than this Federal approach in 
that it excludes wastewater evaporation units from being covered under 
its WWTU exemption. Rather, the State regulates them under its more 
protective generator treatment in tanks exemption. Furthermore, Rhode 
Island's generator treatment in tanks exemption is more stringent than 
the Federal exemption in that it imposes additional requirements 
designed to effectively regulate evaporators.
    However, there may be some evaporators that do not qualify for the 
WWTU exemption at the Federal level. The EPA has concluded that it 
should look at the overall RCRA program and assess the effect of the 
Rhode Island program with respect to evaporators, broadly. In doing so, 
the EPA has concluded that the Rhode Island program is stricter than 
any of the Federal requirements with respect to wastewater evaporators. 
Rhode Island consistently and strictly regulates all generator 
evaporators by imposing hazardous waste management requirements and 
comprehensive air emissions regulations, which are administered by the 
EPA with respect to the requirements of 40 CFR part 265, subparts AA, 
BB, and CC. This approach is stricter across the board than the Federal 
approach, and thus should be allowed consistent with the national 
Equivalency Policy, which emphasizes that States may take different but 
equally or more protective approaches.
    The EPA emphasizes that this decision allows non-permitted 
evaporation treatment (outside of the WWTU exemption) only in Rhode 
Island. Such treatment will be allowed only because it has been 
federally authorized as functionally equivalent, and this Federal 
authorization is being granted based on the strict requirements adopted 
by Rhode Island.
    (b) Rhode Island requires that in addition to the Federal 
requirement, treatment in tanks and containers must be carried out in a 
system where equipment has been designed, engineered, and constructed 
so as to protect human health and the environment, and to comply with 
all requirements within OSHA standards.
    (c) Rhode Island has adopted additional conditions under which the 
State regulates shredded circuit boards that are being recycled. At 
250-RICR-140-10-1.13 Rhode Island has enacted additional State-specific 
requirements for Circuit Board Recycling Operations, including 
additional notification requirements. Typically treated as universal 
waste in the Federal program, Rhode Island includes these specific 
items as a type of State-only waste under RCRA. These items may be 
managed as hazardous waste, thereby making the State requirements 
broader in scope in this regard and not part of the federally 
enforceable State hazardous waste requirements.
    (d) At 250-RICR-140-10-1.12 Rhode Island's regulations contain 
Requirements for Community Collection Centers and Paint Collection 
Centers. The Federal program does not regulate these types of 
facilities or wastes, so as such and as described with respect to the 
``broader in scope'' policy of EPA, these requirements are being 
authorized as State-only and broader in scope than the Federal program 
and are not part of the federally enforceable State hazardous waste 
requirements. This includes all related State definitions at 250 RICR-
140-10-1.5(A) such as ``architectural paint'' at (A)(5) and ``community 
collection center'' at (A)(12).
    Finally, there are certain Federal rules within the Rhode Island 
incorporation by reference of Federal regulations that have been 
vacated or withdrawn. For completeness, these rule checklists are 
included below with an explanation as to the rule's status in Rhode 
Island. These rules are not part of the State's authorized program. 
These checklists include:
    Revision Checklist 216: Exclusion of Oil-Bearing Secondary 
Materials Processed in a Gasification System to Produce Synthetic Gas 
(73 FR 57, January 2, 2008). This Revision Checklist 216 was vacated by 
the U.S. Court of Appeals for the District of Columbia Circuit in 2014, 
a vacatur that was later codified as Revision Checklist 234, which is 
not part of the State's current authorization application package.
    Revision Checklist 221: Expansion of RCRA Comparable Fuel Exclusion 
(73 FR 77954, December 19, 2008); and Revision Checklist 224: 
Withdrawal of the Emission Comparable Fuel Exclusion (75 FR 33712, June 
15, 2010). Revision Checklist 221 introduced an expansion of the 
comparable fuel exclusion which was later withdrawn in its entirety by 
Revision Checklist 224; thus, it is appropriate to not authorize the 
State for this pair of Federal final rules which cancel each other out.
    Rhode Island'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, as explained 
above.
2. State-Initiated Changes
    Rhode Island has made amendments to its regulations that are not 
directly related to any of the Federal rules addressed in Item G.1. 
above. These State-initiated changes are either conforming changes made 
to existing authorized provisions, or the adoption of provisions that 
clarify and make the State's regulations internally consistent. For 
example, after the 2010 authorization, Rhode Island significantly 
altered the structure and numbering of the State's hazardous waste 
regulations, replacing the numbering system and making conforming 
changes to all necessary internal references, which does not affect the 
authorization of the State's hazardous waste program. The State's 
regulations, as amended by these provisions, provide authority which 
remains equivalent to and no less stringent than the Federal laws and 
regulations. These State-initiated changes are submitted under the 
requirements of 40 CFR 271.21(a) and include the following provisions 
from the Rhode Island Code of Regulations (250-RICR-140-10), as amended 
effective April 22, 2020: 250-RICR-140-10-1..4(A), 1.4(C), 1.5(A)(5), 
(A)(12), (A)(20), (A)(30), (A)(44), (A)(45), (A)(73).

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, the EPA

[[Page 70113]]

determines whether the State rules are equivalent to, more stringent 
than, or broader in scope than the Federal program. Pursuant to RCRA 
section 3009, 42 U.S.C. 6929, State programs may contain requirements 
that are more stringent than the Federal regulations. Such more 
stringent requirements can be federally authorized and, once 
authorized, become federally enforceable. Although the statute does not 
prevent States from adopting regulations that are broader in scope than 
the Federal program, States cannot receive Federal authorization for 
such regulations, and they are not federally enforceable.
1. Broader in Scope Provisions
    Rhode Island's hazardous waste program contains certain provisions 
that are broader than the scope of the Federal program. These broader 
in scope provisions are not part of the program the EPA is proposing to 
authorize. The EPA cannot enforce requirements that are broader in 
scope, although compliance with such provisions is required by State 
law. Newly added broader in scope provisions in Rhode Island's program 
include:
    (a) At 250-RICR-140-10-1.5(A)(82) the State lists additional State-
only hazardous wastes that are beyond the Federal definition of 
hazardous waste found at 40 CFR 261.3 and known as ``Rhode Island 
Wastes.'' These additional wastes include polychlorinated biphenyls 
(PCBs) and chemotherapy waste. As part of this authorization the State 
has added a new subsection at 1.5(A)(82)(a)(3)(DD) to include certain 
drugs that Rhode Island will classify as ``extremely hazardous waste.''
    (b) Rhode Island excludes from its incorporation by reference 
several waste items that are excluded from the Federal definition of 
solid waste at 40 CFR 261.2, thereby regulating these waste items as 
State-only hazardous wastes. When substances are regulated as hazardous 
waste by the State, such as those listed at 250-RICR-140-10-1.4(C)(20) 
and 1.4(C)(22), the State program is broader in scope than the Federal 
program.
    (c) At 250-RICR-140-10-1.4(C)(23) and 1.4(C)(29) Rhode Island 
regulates manufactured gas plant waste as hazardous waste in certain 
circumstances, expanding the universe of hazardous waste regulated by 
the State.
    (d) At 250-RICR-140-10-1.12 Rhode Island regulates a category of 
State-only facilities, ``Community Collection Centers and Paint 
Collection Centers,'' which is broader in scope than the Federal 
program, including facility specific limitations such as the exclusion 
for architectural paint received by Paint Care Centers from specific 
generators as described at 250-RICR-140-10-1.7.6(B)(4).
2. More Stringent Provisions
    Rhode Island's hazardous waste program contains several types of 
provisions that are more stringent than the Federal RCRA program. More 
stringent provisions are part of a federally authorized program and are 
therefore federally enforceable. Under this action, the EPA will 
authorize every provision in Rhode Island's program revision that is 
more stringent. Provisions identified in the State's program revision 
as more stringent are noted in Table 1. These provisions are more 
stringent for the following reasons:
    (a) Rhode Island has several requirements applicable to generators 
of hazardous waste that are more stringent than the Federal 
requirements at 40 CFR 262.10, including requirements for the 
management of household hazardous waste and the State's exclusion of 
the academic lab rule at 250-RICR-140-10-1.7.1(B)-(E), as well as 
additional requirements for farmers and laboratories.
    (b) The State's application of additional storage and 
transportation requirements, accumulation time limits, exemptions, and 
recordkeeping such as those found at 250-RICR-140-10.1.7.1 through 
1.7.14 including notification, marking, and manifest requirements for 
CESQGs result in the State program being more stringent than the 
Federal program.
    (c) At 250-RICR-140-10-1.4(D)(1) Rhode Island limits the onsite 
storage of manifested waste in containers at a transfer facility to 72 
hours before additional regulation applies while the Federal program 
allows this period to extend up to ten (10) days.
    (d) At 250-RICR-140-10-1.8 Rhode Island has State-only transport, 
storage and handling requirements that impose greater restrictions than 
those found in the Federal requirements at 40 CFR part 263, subparts B 
and C.

I. Who handles permits after the authorization takes effect?

    Rhode Island will continue to issue permits covering all the 
provisions for which it is authorized and will administer the permits 
it issues. The EPA will continue to administer and enforce any RCRA and 
HSWA permits or portions of permits that the EPA issued prior to the 
effective date of this authorization in accordance with the signed 
Memorandum of Agreement, dated September 30, 2021, which is included 
with this program revision application. Until such time as formal 
transfer of the EPA permit responsibility to Rhode Island occurs and 
the EPA terminates its permit, the EPA and Rhode Island agree to 
coordinate the administration of permits in order to maintain 
consistency. The EPA will not issue any new permits or new portions of 
permits for the provisions listed in section G after the effective date 
of this authorization. The EPA will continue to implement and issue 
permits for HSWA requirements for which Rhode Island is not yet 
authorized.

J. How would this action affect Indian Country (18 U.S.C. 115) in Rhode 
Island?

    Rhode Island has not applied for and is not authorized to carry out 
its hazardous waste program in Indian country within the State, which 
includes the land of the Narragansett Indian Tribe. Therefore, this 
action has no effect on Indian country. The EPA retains jurisdiction 
over Indian country and will continue to implement and administer the 
RCRA program on these lands.

K. What is codification and will the EPA codify Rhode Island's 
hazardous waste program as authorized in this final action?

    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 CFR. The EPA does this by 
referencing the authorized State rules in 40 CFR part 272. The EPA is 
not codifying the authorization of Rhode Island's revisions at this 
time. However, the EPA reserves the ability to amend 40 CFR part 272, 
subpart OO, for the authorization of Rhode Island's program at a later 
date.

II. Corrections

    Past Rhode Island authorization Federal Register notifications 
contain typographical errors and omissions for some of the rule 
checklists/provisions included in the EPA's authorization decision for 
State program revisions. The EPA is correcting these omissions with 
this authorization. The provisions in these checklists continue to be 
part of Rhode Island's authorized program.

A. Corrections to the March 12, 1990 (55 FR 9128) Proposed 
Authorization Document

    There was an error in the citation for Revision Checklist 2 in 
``Table 1--Provisions Covered by this Program

[[Page 70114]]

Authorization Revision.'' The entry should be corrected to read: Permit 
Rules: Settlement Agreement (48 FR 39611, September 1, 1983) (Revision 
Checklist 2).

B. Corrections to the March 5, 1992 (57 FR 8089) Immediate Final Rule

    The following items were inadvertently omitted from ``Table 1--
Provisions Covered by this Program Authorization Revision'' and should 
be added to the end of the Table.
    1. HSWA Codification Rule: Double Liners (50 FR 28702, July 15, 
1985) (Revision Checklist 17H).
    2. HSWA Codification Rule: Ground-water Monitoring (50 FR 28702, 
July 15, 1985) (Revision Checklist 17I).
    3. HSWA Codification Rule: Interim Status (50 FR 28702, July 15, 
1985) (Revision Checklist 17P).
    4. HSWA Codification Rule: Research and Development Permits (50 FR 
28702, July 15, 1985) (Revision Checklist 17Q).

C. Corrections to the October 2, 1992 (57 FR 45574) Immediate Final 
Rule

    The following items were inadvertently omitted from ``Table 1--
Provisions Covered by this Program Authorization Revision'' and should 
be added to the end of the Table.
    1. Biennial Report Correction (51 FR 28556, August 8, 1986) 
(Revision Checklist 30).
    2. Closure/Post-closure Care for Interim Status Surface 
Impoundments (52 FR 8704, March 19, 1987) (Revision Checklist 36).
    3. Amendments to Part B Information Requirements for Land Disposal 
Facilities (52 FR 23447, June 22, 1987, as amended September 9, 1987, 
at 52 FR 33936) (Revision Checklist 38).

D. Corrections to the August 9, 2002 (67 FR 51768) Immediate Final Rule

    The following items were inadvertently omitted from the table of 
provisions included as part of the authorization and should be added to 
the end of the Table.
    1. Permit Modification for Hazardous Waste Management Facilities 
(53 FR 37912, September 28, 1988, as amended October 24, 1988, at 53 FR 
41649) (Revision Checklist 54).
    2. Statistical Methods for Evaluating Groundwater Monitoring Data 
from Hazardous Waste Facilities (53 FR 39720, October 11, 1988) 
(Revision Checklist 55).
    3. Changes to Interim Status Facilities for Hazardous Waste 
Management Permits; Modification of Hazardous Waste Management Permits; 
Procedures for Post-Closure Permitting (54 FR 9596, March 7, 1989) 
(Revision Checklist 61).

III. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Orders 12866 (58 FR 51735, October 
4, 1993) and 13563 (76 FR 3821, January 21, 2011). 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. Accordingly, I 
certify that this action will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this action authorizes pre-existing 
requirements under State law and does not impose any additional 
enforceable duty beyond that required by State law, it does not contain 
any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(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 rulemaking 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).

David W. Cash,
Regional Administrator, U.S. EPA Region 1.
[FR Doc. 2024-19036 Filed 8-28-24; 8:45 am]
BILLING CODE 6560-50-P