[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Proposed Rules]
[Pages 70135-70139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27273]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2019-0617; FRL-10003-23-Region 1]


Maine: Proposed Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Maine has applied to the Environmental Protection Agency (EPA) 
for final authorization of changes to its hazardous waste program under 
the Resource Conservation and Recovery Act (RCRA), as amended. EPA has 
reviewed Maine's application and has determined that these changes 
satisfy all requirements needed to qualify for final authorization. 
Therefore, we are proposing to authorize the State's changes. EPA seeks 
public comment prior to taking final action.

DATES: Comments must be received on or before January 21, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2019-0617, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from www.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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sharon Leitch, RCRA Waste Management, 
UST and Pesticides Section; 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) 918-1647; fax number (617) 918-
0647; email address: leitch.sharon@epa.gov.

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs necessary?

    States that have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, states must 
change their programs and ask EPA to authorize the changes. Changes to 
state programs may be necessary when Federal or state statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, states must change their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal 
regulations that 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, EPA will 
implement those requirements and prohibitions in Maine, including the 
issuance of new permits implementing those requirements, until the 
State is granted authorization to do so.

B. What decisions has EPA made in this rule?

    On October 16, 2019, Maine submitted a complete program revision 
application seeking authorization of changes to its hazardous waste 
program. EPA concludes that Maine's application to revise its 
authorized program meets all of the statutory and regulatory 
requirements established under RCRA, as set forth in RCRA section 
3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA 
proposes to grant Maine final authorization to operate its hazardous 
waste program with the changes described in the authorization 
application, and as outlined below in Section F of this document.
    Maine has responsibility for permitting treatment, storage, and 
disposal facilities within its borders (except in Indian country) and 
for carrying out the aspects of the RCRA program described in its 
revised program application, subject to the limitations of HSWA, as 
discussed above.

C. What is the effect of this proposed authorization decision?

    If Maine is authorized for the changes described in Maine's 
authorization application, these changes will become part of the 
authorized State hazardous waste program and will therefore be 
federally enforceable. Maine will continue to have primary enforcement 
authority and responsibility for its State hazardous waste program. 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 EPA is proposing 
to authorize Maine are already effective under state law and are not 
changed by this proposed action.

D. What happens if EPA receives comments that oppose this action?

    If EPA receives comments on this proposed action, we will 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 should do so at this time.

E. What has Maine previously been authorized for?

    Maine initially received final authorization on May 6, 1988, 
effective May 20, 1988 (53 FR 16264) to implement the RCRA hazardous 
waste management program. EPA granted authorization for changes to 
Maine's program on the following dates: June 24, 1997, effective August 
25, 1997 (62 FR

[[Page 70136]]

34007); and November 9, 2004, effective January 10, 2005 (69 FR 64861).

F. What changes are we proposing with today's action?

    On October 16, 2019, Maine submitted a final complete program 
revision application, seeking authorization of changes to its hazardous 
waste management program in accordance with 40 CFR 271.21. Maine is 
seeking authorization for updated state regulations addressing portions 
of the federal Land Disposal Restrictions (LDRs); the federal Toxicity 
Characteristic (TC) rules to also include organics; updates to the Test 
Methods; additional Waste Listings; the Conditional Exclusion for 
Solvent Contaminated Wipes; the Universal Waste rule; and changes to 
Maine's base program for which they had been previously authorized. EPA 
proposes to determine, subject to receipt of written comments that 
oppose this action, that Maine'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. Therefore, EPA is proposing to 
authorize Maine for the following program changes:

------------------------------------------------------------------------
   Description of Federal       Federal Register       Analogous state
         requirement              date and page         authority \1\
------------------------------------------------------------------------
Checklist 57: Removal of      53 FR 43881; 10/31/   850.3C(4)(e) and
 Strontium Sulfide from the    1988.                 850, Appendix VIII.
 List of Hazardous Wastes.
Checklist 69: Reportable      54 FR 50968; 12/11/   850.3C(2)(a), 850,
 Quantity Adjustment for       1989.                 Appendix VII and
 F024 & F025.                                        VIII.
Checklist 72: Modification    55 FR 5340; 2/14/     850.3C(2)(a).
 of F019 Listing.              1990.
Checklist 73: Testing &       55 FR 8948; 3/9/1990  850.3A(2).
 Monitoring Activities
 Technical Correction.
Checklist 74; 74.1: TC        55 FR 11798; 3/29/    850.3A(4)(xxiii) &
 Revisions.                    1990 and 55 FR        (xx); 850.3B(5)(a)
                               26986; 6/29/1990.     & (b); 850.3C; 850,
                                                     Appendix II, and
                                                     852, Appendix I.
Checklist 75: Listing of 1,1- 55 FR 18496; 5/2/     850.3C(3) and 850,
 Dimethylhydrazine             1990.                 Appendix VII.
 Production Wastes.
Checklist 78: LDR Third-      55 FR 22520; 6/1/     850.3B(1) through
 third.                        1990.                 (5); 850.3C(2)(a) &
                                                     (b); 850.3C(4)(c);
                                                     850, Appendix VII;
                                                     and 851.9G.
Checklist 81: Petroleum       55 FR 46354; 11/2/    850.3C(2);
 Refinery Sludge Listings      1990; amended on 12/  850.3C(2)(b); and,
 (F037 and F038).              17/1990, at 55 FR     850, Appendix VII.
                               51707.
Checklist 83: LDR Third-      56 FR 3864; 1/31/     850.3A(3)(d)(i);
 Third; Technical Amendments.  1991.                 850.3B(1)(b);
                                                     850.3C(2)(a) and
                                                     (b); 851.9G.
Checklist 86: Removal of      56 FR 7567; 2/25/     850.3C(4)(e) and
 Strontium Sulfide from the    1991.                 850, Appendix VIII.
 List of Hazardous Wastes;
 Technical Amendment.
Checklist 89: Revisions to    56 FR 21955; 5/13/    850.3C(2)(a).
 the Petroleum Refinery        1991.
 Sludge Listings (F037 and
 F038).
Checklist 95: LDRs for        56 FR 41164; 8/19/    852.14A.
 Electric Arc Furnace dust,    1991.
 K061.
Checklist 102: Second         57 FR 8086; 3/6/1992  852.
 correction; LDR Third-third.
Checklist 103: Hazardous      57 FR 20766, 5/15/    852.
 Debris Case-by-Case           1992.
 Capacity Variance.
Checklist 106: Lead-Bearing   57 FR 28628; 6/26/    852.
 Hazardous Materials Case-by-  1992.
 Case Capacity Variance.
Checklist 108: TC Revision;   57 FR 30657; 7/10/    850.3A(2) & (4).
 Technical Correction.         1992.
Checklist 109: LDR for Newly  57 FR 37194; 8/18/    852.3A & 3D; 852.7B;
 Listed Waste & Hazardous      1992.                 852.8B(2); 852.10;
 Debris.                                             852.11; 852.13;
                                                     852.14A & 14C.
Checklist 110: Coke By-       57 FR 37284; 8/18/    850.3A(4)(a)(xxiv);
 product listings.             1992.                 850.3C(3), and 850,
                                                     Appendix VII.
Checklist 115: Chlorinated    57 FR 47376; 10/15/   850.3C(3) and 850,
 Toluenes Production Waste     1992.                 Appendix VII.
 Listing.
Checklist 116: Soil Capacity  57 FR 47772; 10/20/   852.
 Variance.                     1992.
Checklist 117B: TC Revision.  57 FR 23062; 6/1/     850.3A(3)(c),
                               1992.                 850.3B(5) and 850,
                                                     Appendix II.
Checklist 123: Renewal of     58 FR 28506; 5/14/    852.
 Soil Capacity Variance.       1993.
Checklist 124: Land Disposal  58 FR 29860, 5/24/    852.5E & 5J; 852.10;
 Restrictions for Ignitable    1993.                 852.11; 852.13;
 and Corrosive                                       852.14A.
 Characteristic Wastes Whose
 Treatment Standards Were
 Vacated.
Checklist 126: Testing &      58 FR 46040; 8/31/    850.3.A(2);
 Monitoring Activities.        1993, as amended 9/   850.3.A.(3)(a)(ii);
                               19/1994; 59 FR        850.3.B(3) & (5);
                               47980.                850, Appendix II &
                                                     III.
Checklist 128: Wastes from    59 FR 458; 1/4/1994.  850.3A(2); and 850,
 the Use of Chlorophenolic                           Appendix VIII.
 Formulations in Wood
 Surface Protection.
Checklist 132: Wood Surface   59 FR 28484; 6/2/     850.3A(2).
 Protection; Correction.       1994.
Checklist 134: Correction of  59 FR 31551; 6/20/    850.3C(4)(e); 850,
 Beryllium Powder (P015)       1994.                 Appendix VIII; and
 Listing.                                            852.14.A.
Checklist 136: Removal of     59 FR 43496; 8/24/    852.14A.
 the Conditional Exemption     1994.
 for Certain Slag Residues.

[[Page 70137]]

 
Checklist 137: Universal      59 FR 47982; 9/19/    850.3A(4)(a)(xiii);
 Treatment Standards and       1994 and 60 FR 242;   852.3A,3J,5B & 5D;
 Treatment Standards for       1/3/1995.             852.10; 852.11;
 Organic Toxicity                                    852.13; 852.14A;
 Characteristic Wastes and                           852, Appendix IV, V
 Newly Listed Waste.                                 & X.
Checklist 139: Testing &      60 FR 3089; 1/13/     850.3A.(2).
 Monitoring Activities:        1995.
 Amendment I.
Checklist 141: Testing &      60 FR 17001; 4/4/     850.3A.(2).
 Monitoring Activities:        1995.
 Amendment II.
Checklist 151: Land Disposal  61 FR 15566; 4/8/     852.5D.
 Restrictions Phase III--      1996; 61 FR 19117;
 Decharacterized               4/30/1996; 61 FR
 Wastewaters, Carbamate        33680; 6/28/1996;
 Wastes, and Spent Potliners.  61 FR 36419; 7/10/
                               1996; 61 FR 43924;
                               8/26/1996; and 62
                               FR 7502; 2/19/1997.
Checklist 155: Land Disposal  62 FR 1992; 1/14/     852.13.
 Restrictions Phase III--      1997.
 Emergency Extension of the
 K088 Capacity Variance.
Checklist 157: Land Disposal  62 FR 25998; 5/12/    850.3A(4)(a)(xxii) &
 Restrictions Phase IV--       1997.                 (xvi); 852.5B&D
 Treatment Standards for                             852.7A(2)(a)&(d);
 Wood Preserving Wastes,                             852.10; and 852.11.
 Paperwork Reduction and
 Streamlining, Exemptions
 From RCRA for Certain
 Processed Materials; and
 Miscellaneous Hazardous
 Waste Provisions.
Checklist 158: Testing &      62 FR 32452; 6/13/    850.3A.(2).
 Monitoring Activities:        1997.
 Amendment III.
Checklist 160: Extension of   62 FR 37694; 7/14/    852.13.
 the K088 Capacity Variance.   1997.
Checklist 161: Emergency      62 FR 45568; 8/28/    852.14A.
 Revision of the Carbamate     1997.
 Land Disposal Restrictions.
Checklist 162: Clarification  62 FR 64504; 12/5/97  852.14B.
 of Standards for Hazardous
 Waste LDR Treatment
 Variances.
Checklist 167A: Land          63 FR 28556; 5/26/98  852.14A.
 Disposal Restrictions Phase
 IV--Treatment Standards for
 Metal Wastes and Mineral
 Processing Wastes.
Checklist 167B and Disposal   63 FR 28556; 5/26/98  852.14B.
 Restrictions Phase IV--
 Hazardous Soils Treatment
 Standards and Exclusions.
Checklist 167C--Land          63 FR 28556; 5/26/98  852.14A.
 Disposal Restrictions Phase   as amended at 63 FR
 IV--Corrections.              31266; 6/8/98.
Checklist 170--Land Disposal  63 FR 28556; 5/26/98  852.14A.
 Restrictions Phase IV--Zinc   as amended at 63 FR
 Micronutrient Fertilizers,    31266; 6/8/98.
 Amendment.
Checklist 171--Emergency      63 FR 47410; 9/4/98.  852.14A.
 Revision of the Land
 Disposal Restrictions
 Treatment Standards for
 Listed Hazardous Wastes
 from Carbamate Production.
Checklist 172 Land Disposal   63 FR 48124; 9/9/98.  852.13.
 Restrictions Phase IV--
 Extension of Compliance
 Date for Characteristic
 Slags.
Checklist 173--Land Disposal  63 FR 51254; 9/24/98  852.13.
 Restrictions; Treatment
 Standards for Spent
 Potliners from Primary
 Aluminum Reduction (K088);
 Final Rule.
Checklist 180: Revised Test   64 FR 26315; 5/14/    850.3.A(2).
 Procedures; Oil & Grease.     1999.
Checklist 190: Land Disposal  65 FR 81373; 12/26/   852.13 and 852.14.
 Restrictions Phase IV--       00.
 Deferral for PCBs in Soil.
Checklist 192B: Land          66 FR 27266, 5/16/01  852. Appendix VII.
 Disposal Restrictions
 Correction.
Checklist 193: Change of EPA  66 FR 34374; 6/28/    850.3.A(2).
 Mailing Address.              2001.
Checklist 201: Treatment      67 FR 62618; 10/7/02  852.14A.
 Variance for Radioactively
 Contaminated Batteries.
Checklist 229: Conditional    78 FR 46448; 7/31/    850.3.A.(4)(c).
 Exclusions for Solvent        2013.
 Contaminated Wipes.
------------------------------------------------------------------------
\1\ The Maine provisions are from the Maine Hazardous Waste Management
  Rules, 06-096 C.M.R chs. 850-858, effective June 11, 2018.

    Because Maine has not adopted certain waste listings that were 
promulgated under the authority of the Hazardous and Solid Waste 
Amendments (HSWA), we are not authorizing Maine for Land Disposal 
Restrictions related to these wastes at this time. As such, EPA will 
retain authority over the following hazardous waste listings 
(identified by rule revision checklist number) until the State adopts 
and is granted authorization in a future rulemaking: 82, Wood 
Preserving Listings (55 FR 50450, 12/6/1990); 140, Carbamate Production 
Wastes (60 FR 7824, 2/9/1995, as amended at 60 FR 19165, 4/17/1995, and 
at 60 FR 25619, 5/12/1995); 169, Petroleum Refining Process Wastes (63 
FR 42110, 8/6/1998); 189, Chlorinated Aliphatics Wastes (65 FR 67068, 
11/8/

[[Page 70138]]

2000); and 195, Inorganic Chemical Manufacturing Wastes (66 FR 58258, 
11/20/2001; 67 FR 17119, 4/9/2002). In addition, since the state has 
not adopted the air emission rules at 40 CFR part 264 and 265 (subparts 
AA and BB), and these provisions were also promulgated under HSWA 
authority, EPA will retain authority for these rules and will not be 
authorizing Maine for the related LDR revisions.
    In addition to the regulations listed above, there are various 
previously authorized State program regulations to which the State has 
made changes. The EPA is also authorizing these changes. Note, the 
Federal requirements are identified by reference to a Federal 
regulation and are followed by the corresponding State regulatory 
analogs. The changes are as follows: Federal: Materials that are not 
solid wastes when recycled, 40 CFR 261.2(e)(1)(ii)--State: Added 
850.3.A(3)(a)(xix), recycled isopropyl alcohol as an excluded hazardous 
waste when it is used or reused as an effective substitute for 
commercial products; Federal: 40 CFR part 279--State: Used cutting oil 
exclusion, 850.3A(4)(a); Federal: 40 CFR part 262 generator container 
inspection requirements--State: 851.13.D(1) reduced the requirement for 
daily inspections at central accumulation areas to weekly inspections.

G. 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.
    EPA considers the following State requirements to be more stringent 
than the Federal requirements: (a) Maine does not have the exclusion 
for K061 waste, electric arc furnace dust; (b) the use of underground 
injection as a means of land disposal is prohibited in Maine, therefore 
Maine did not adopt any provisions allowing such underground injection; 
(c) Maine does not have equivalent provisions for 40 CFR part 266, 
therefore Maine did not adopt any provisions relating to the federal 
rule; (d) Maine did not adopt the optional changes at 40 CFR 260.30-33; 
(e) Maine did not adopt the provisions at 40 CFR 268.1(c)(4), Maine 
requires additional conditions for disposal in a Clean Water Act (CWA) 
unit; (f) Maine requires a Bureau of Environmental Protection (BEP) 
rulemaking for any variance from specified treatment technologies 
issued by EPA; (g) Maine did not adopt any of the provisions for 
containment buildings; (h) Maine did not adopt any of the revisions to 
40 CFR 270.42 for permit modifications, Maine's permit modification 
procedures are more stringent than the federal ones; and, (i) Maine has 
reduced the daily inspection requirements for satellite accumulation 
areas to weekly inspections.
    Maine also has some regulations that differ from, but have been 
determined to be equivalent to, the federal regulations. Specifically, 
Maine's exclusion for solvent contaminated wipes incorporates the 
federal solid waste exclusion requirements into the State's exclusion 
from hazardous waste requirements, therefore the resulting requirements 
are the same. In addition, Maine has added postconsumer architectural 
paint waste to its Universal Waste rules in chapter 858. We are 
authorizing this as being equivalent to the requirements of 40 CFR part 
273 Subpart G since postconsumer architectural paint is an appropriate 
universal waste and that the rules allow the States the flexibility to 
add additional wastes to their list of universal wastes. Therefore, EPA 
is reauthorizing the existing universal waste regulations as they are 
applied to the paint wastes.
    These requirements would become part of Maine's authorized program 
and would be federally enforceable.
    EPA also considers the following State requirement as going beyond 
the scope of the Federal program: Maine has not adopted the mixture and 
derived from rule revisions (see 66 FR 27266, 5/16/2001) except that 
Maine has adopted, at 850.3.C(4)(c), an exemption for medicinal 
nitroglycerine equivalent to the EPA exemption. The waste mixtures and 
derived from wastes that are excluded from Federal regulation by EPA 
continue to be regulated as wastes in Maine, except for medicinal 
nitroglycerine. The State exemption is a broader-in scope requirement.
    Broader-in-scope requirements do not become part of the authorized 
program and EPA cannot enforce them. Although regulated entities must 
comply with these requirements in accordance with State law, they are 
not Federal RCRA requirements.
    EPA cannot delegate certain Federal requirements associated with 
the land disposal restrictions at 40 CFR 286.5, 268.40(b), 268.42(b) 
and 286.44(a)-(g). Although Maine has adopted these requirements by 
reference at 852.8A, 852.14A and 852.14B, EPA would continue to 
implement those requirements.

H. Who handles permits after the final authorization takes effect?

    When the final authorization takes effect, Maine will issue permits 
for all the provisions for which it is authorized and will administer 
the permits it issues. EPA will continue to implement and issue permits 
for HSWA requirements for which Maine is not yet authorized. EPA has 
the authority to enforce state-issued permits after the State is 
authorized.

I. How does today's action affect Indian country (18 U.S.C. 1151) in 
Maine?

    Maine 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 Houlton Band of Maliseet Indians; the 
Aroostook Band of Micmacs; the Passamaquoddy Tribe at Pleasant Point 
and Indian Township; and the Penobscot Nation. Therefore, this action 
has no effect on Indian country. EPA retains jurisdiction over Indian 
country and will continue to implement and administer the RCRA program 
on these lands.

J. What is codification and will EPA codify Maine's hazardous waste 
program as proposed 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 Maine's changes at this time. However, EPA 
reserves the ability to amend 40 CFR part 272, subpart U for the 
authorization of Maine'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 proposes to 
authorize State requirements for the purpose of RCRA section 3006 and 
imposes no additional requirements beyond those

[[Page 70139]]

imposed by State law. Therefore, this action is not subject to review 
by OMB. This action is not an Executive Order 13771 (82 FR 9339, 
February 3, 2017) regulatory action because actions such as today's 
proposed authorization of Maine'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 proposes to authorize 
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 proposes to authorize 
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), EPA grants a state's application for 
authorization as long as the state meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a state authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in proposing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of 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 proposes authorization of 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 proposed 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, and 6974(b).

    Dated: November 12, 2019.
Dennis Deziel,
Regional Administrator, Region 1.
[FR Doc. 2019-27273 Filed 12-19-19; 8:45 am]
BILLING CODE 6560-50-P


