[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Proposed Rules]
[Pages 26917-26922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12507]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R03-RCRA-2017-0553; FRL-9979-06--Region 3]


District of Columbia: Proposed Authorization of District 
Hazardous Waste Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The District of Columbia (the District) has applied to the 
United States Environmental Protection Agency (EPA) for final 
authorization of revisions to its hazardous waste program under the 
Resource Conservation and Recovery Act (RCRA). EPA has reviewed the 
District's application, and has determined that these revisions satisfy 
all requirements needed to qualify for final authorization. As a 
result, by this proposed rule, EPA is proposing to authorize the 
District's revisions and is seeking public comment prior to taking 
final action.

DATES: Comments on this proposed rule must be received by July 11, 
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
RCRA-2017-0553, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: [email protected].
    3. Mail: Sara Kinslow, U.S. EPA Region III, RCRA Waste Branch, 
Mailcode 3LC32, 1650 Arch Street, Philadelphia, PA 19103-2029.
    4. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    You may view and copy the District's application from 9:00 a.m. to 
5:00 p.m., Monday through Friday at the following locations: District 
of Columbia Department of Energy and Environment, Environmental 
Services Administration, Hazardous Waste Branch, 1200 First Street NE, 
5th Floor, Washington, DC, Phone number: (202) 654-6031, Attn: Barbara 
Williams; and EPA Region III, Library, 2nd Floor, 1650 Arch Street, 
Philadelphia, PA 19103-2029, Phone number: (215) 814-5254.
    Instructions: EPA must receive your comments by July 11, 2018. 
Direct your comments to Docket ID No. EPA-R03-RCRA-2017-0553. EPA's 
policy is that all comments received will be included

[[Page 26918]]

in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI), or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or 
email. The Federal regulations website, http://www.regulations.gov, is 
an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. (For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm).
    Docket: All documents in the docket are listed in the http://www.regulation.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov or in hard copy.

FOR FURTHER INFORMATION CONTACT: Sara Kinslow, U.S. EPA Region III, 
RCRA Waste Branch, Mailcode 3LC32, 1650 Arch Street, Philadelphia, PA 
19103-2029; Phone: 215-814-5577.

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 is revised to become 
more stringent or broader in scope, States must revise their programs 
and apply to EPA to authorize the revisions. Authorization of revisions 
to State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other revisions occur. 
Most commonly, States must revise their programs because of revisions 
to EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 268, 270, 273, and 279.

B. What decisions are proposed in this rule?

    On August 15, 2012, the District submitted a final program revision 
application (with subsequent corrections) seeking authorization of 
revisions to its hazardous waste program that correspond to certain 
Federal rules promulgated between January 14, 1985 and July 1, 2004. 
EPA concludes that the District'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, EPA proposes to authorize 
revisions to the District's hazardous waste program with the revisions 
described in its authorization application, and as listed below in 
Section G of this document.
    The District 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 the Hazardous and Solid Waste Amendments of 1984 
(HSWA). New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, EPA will implement those HSWA requirements and 
prohibitions for which the District has not been authorized, including 
issuing HSWA permits, until the District is granted authorization to do 
so.

C. What is the effect of today's proposed authorization decision?

    This proposal to authorize revisions to the District's authorized 
hazardous waste program will not impose additional requirements on the 
regulated community because the regulations for which the District has 
requested federal authorization are already effective under District 
law and are not changed by today's action. The District has enforcement 
responsibilities under its District hazardous waste program for 
violations of its program, but EPA retains its authority under RCRA 
sections 3007, 3008, 3013, and 7003, which include, among others, 
authority to:
     Perform inspections, and require monitoring, tests, 
analyses, or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions regardless of whether the 
District has taken its own actions.

D. What happens if EPA receives comments on this proposed action?

    If EPA receives comments on this proposed action, we will address 
those comments in our final action. If you want to comment on this 
proposed action, you must do so at this time. You may not have another 
opportunity to comment.

E. What has the District of Columbia previously been authorized for?

    The District initially received final authorization effective March 
22, 1985 (50 FR 9427, March 8, 1985) to implement its base hazardous 
waste management program. EPA granted authorization for revisions to 
the District's regulatory program on September 10, 2001, effective 
November 9, 2001 (66 FR 46961).
    The District's previously-authorized hazardous waste program was 
administered through the District of Columbia Department of Health. 
However, on February 15, 2006, the District established the District 
Department of Environment (DDOE) and reassigned the hazardous waste 
program to DDOE. On July 23, 2015, DDOE was renamed as the Department 
of Energy and Environment (DOEE). This name change occurred after the 
District submitted a program revision application. As such, both DDOE 
and DOEE appear in the District's final program revision application 
(and subsequent corrections). The DOEE's Hazardous Waste Branch within 
its Toxic Substances Division has authority to implement the District's 
hazardous waste program.

F. What revisions is EPA proposing with this proposed action?

    On August 15, 2012, the District submitted a final program revision 
application (with subsequent corrections), seeking authorization of 
additional revisions to its program in accordance with 40 CFR 271.21. 
As described in Section F, the District has proposed to transfer the 
authority to administer the approved program from

[[Page 26919]]

the District of Columbia Department of Health to DOEE. The District's 
revision application also includes the District's statutory and 
regulatory changes to the District's authorized hazardous waste 
program, including adoption of the Federal hazardous waste regulations 
published through July 1, 2004 (RCRA Cluster XIV), with certain 
exceptions described in Section H. The District's revised statutes and 
regulations are equivalent to, and no less stringent than, the 
analogous Federal requirements.
    The District seeks authority to administer the Federal requirements 
that are listed in Table 1 below. Effective October 28, 2005, the 
District incorporates by reference these Federal provisions. This table 
lists the District's analogous requirements that are being recognized 
as no less stringent than the analogous Federal requirements.
    The District's regulatory references are to Title 20 of the 
District of Columbia Municipal Regulations (DCMR), Chapters 42 and 43, 
as amended effective October 28, 2005. The District's statutory 
authority for its hazardous waste program is based on the District of 
Columbia Hazardous Waste Management Act of 1977, DC Official Code Sec.  
8-1301 et seq. The District's application also includes a revised 
Program Description, which provides a description of the hazardous 
waste regulatory program in the District.
    In this proposed rule, EPA proposes, subject to public review and 
comment, that the District's hazardous waste program revision 
application satisfies all of the requirements necessary to qualify for 
final authorization. Therefore, EPA is proposing to authorize the 
District for the following program revisions:

 Table 1--The District of Columbia's Analogs to the Federal Requirements
------------------------------------------------------------------------
                                         Analogous District of Columbia
         Federal requirement                       authority
------------------------------------------------------------------------
40 CFR part 260--Hazardous Waste       Title 20 District of Columbia
 Management System: General, as of      Municipal Regulations (20 DCMR)
 July 1, 2004.                          4200, 4202.1, 4260.1 through
                                        4260.7 (except 4260.4(e)). (More
                                        stringent provisions: 4206.2).
40 CFR part 261--Identification and    20 DCMR 4261.1 through 4261.6,
 Listing of Hazardous Waste, as of      and 4261.8 through 4261.10.
 July 1, 2004.                          (More stringent provisions:
                                        4204.1, 4206.2, and 4261.7).
40 CFR part 262--Standards Applicable  20 DCMR 4201.9, 4204.1, 4204.3
 to the Generators of Hazardous         through 4204.5, 4262.1 through
 Waste, as of July 1, 2004.             4262.3, 4262.5, and 4262.7.
                                        (More stringent provisions:
                                        4205.1, 4206.1, 4206.2, 4262.4,
                                        and 4262.6).
40 CFR part 263--Standards Applicable  20 DCMR 4204.1, 4204.2, 4204.5,
 to the Transporters of Hazardous       and 4263.1. (More stringent
 Waste, as of July 1, 2004.             provisions: 4205.1, 4206.2, and
                                        4263.2 through 4263.5).
40 CFR part 264--Standards for Owners  20 DCMR 4201.9, 4204.2, 4264.1
 and Operators of Hazardous Waste       through 4264.2(a)(3), and
 Treatment, Storage, and Disposal       4264.2(b) through 4264.12. (More
 Facilities, as of July 1, 2004.        stringent provisions: 4202.3
                                        introduction and (a) through
                                        (e), (h), and (k), 4205.1,
                                        4206.1, 4206.2, and
                                        4264.2(a)(4)).
40 CFR part 265--Interim Status        20 DCMR 4201.9, 4265.1 through
 Standards for Owners and Operators     4265.2(a)(3), 4265.2(b) through
 of Hazardous Waste Treatment,          4265.6, and 4265.8 through
 Storage, and Disposal Facilities, as   4265.11. (More stringent
 of July 1, 2004.                       provisions: 4202.3 introduction
                                        and (a) through (e), (h), and
                                        (k), 4205.1, 4206.2,
                                        4265.2(a)(4), 4265.7.
40 CFR part 266--Standards for the     20 DCMR 4201.9 and 4266.1 through
 Management of Specific Hazardous       4266.3. (More stringent
 Wastes and Specific Types of           provisions: 4206.2).
 Hazardous Waste Management
 Facilities, as of July 1, 2004.
40 CFR part 268--Land Disposal         20 DCMR 4268.1 through 4268.3.
 Restrictions, as of July 1, 2004.      (More stringent provisions:
                                        4202.2, 4202.3(e), and 4206.2).
40 CFR part 270--The Hazardous Waste   20 DCMR 4270.1, 4270.2, 4270.4
 Permit Program, as of July 1, 2004.    through 4270.14, 4271.1 through
                                        4271.4(a), 4271.6 through
                                        4271.9(a), 4316. (More stringent
                                        provisions: 4206.2, 4270.3,
                                        4271.4(b), 4271.5, 4271.9(b).
40 CFR part 273--Standards for         20 DCMR 4273.1 and 4273.5. (More
 Universal Waste Management, as of      stringent provisions: 4206.2 and
 July 1, 2004.                          4273.2 through 4273.4).
40 CFR part 279--Standards for the     20 DCMR 4279.1, 4279.2, 4279.4,
 Management of Used Oil, as of July     4279.7(c), 4279.9, and 4279.10.
 1, 2004.                               (More stringent provisions:
                                        4202.3 (introduction), and (i),
                                        4205.1, 4206.1, 4206.2, 4279.3,
                                        4279.5 through 4279.7(b), and
                                        4279.8).
------------------------------------------------------------------------

G. Where are the revised District rules different from the Federal 
rules?

1. District of Columbia Requirements That Are Broader in Scope

    The District 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 EPA is proposing to 
authorize. EPA cannot enforce requirements that are broader in scope, 
although compliance with such provisions is required by District law. 
Examples of broader in scope provisions of the District's program 
include, but are not limited to, the following:
    (a) 20 DCMR 4260.4(e) defines, and 20 DCMR Section 4203 identifies 
specific procedures for listing, solid wastes that are not considered 
hazardous wastes under 40 CFR part 261, but which the District may 
determine to regulate as hazardous wastes under 20 DCMR Chapters 42 and 
43. Such District-only wastes would make the District's universe of 
regulated hazardous waste larger than EPA's and, therefore, broader in 
scope.
    (b) At 20 DCMR Section 4390, the District requires permit 
application fees from generators, owners or operators of transfer 
facilities, and hazardous waste storage, treatment, and disposal 
facilities.

2. District of Columbia Requirements That Are More Stringent Than the 
Federal Program

    The District hazardous waste program contains several provisions 
that are more stringent than the RCRA program as codified in the July 
1, 2004 edition of Title 40 of the CFR. More stringent provisions are 
part of a Federally-authorized program and are, therefore, Federally-
enforceable. Under this proposed action, EPA would authorize the 
District program for each more stringent provision. The specific more 
stringent provisions are also noted in Table 1. They include, but are 
not limited to, the following:
    (a) At 20 DCMR 4261.7, the District subjects generators of no more 
than 100 kilograms in a calendar month to the

[[Page 26920]]

notification requirements at 20 DCMR 4204.1, rather than the reduced 
requirements in the Federal regulations for this group of generators. 
Additionally, the District does not incorporate the Federal provision 
at 40 CFR 261.5(j) that allows conditionally exempt small quantity 
generator waste that is mixed with used oil to be managed as used oil. 
Instead, the District requires such a mixture to be managed as 
hazardous waste.
    (b) In addition to the requirements of 40 CFR part 265, subpart I, 
20 DCMR 4265.7 requires generators storing waste in containers to also 
comply with the containment system requirements of 40 CFR 264.175 and 
the closure requirements of 40 CFR 264.178.
    (c) At 20 DCMR 4262.4, the District limits hazardous waste 
satellite accumulation to 90 days (180 days or 270 days for generators 
of greater than 100 kilograms but less than 1,000 kilograms), and 
requires that containers in satellite accumulation areas are marked 
with an accumulation start date. The Federal requirements do not have a 
dating requirement or time limit for satellite accumulation as long as 
no more than 55 gallons of non-acute waste or one quart of acute waste 
is accumulated.
    (d) In the District, transfer facilities are considered to be 
storage facilities and subject to full regulation under 20 DCMR 
Chapters 42 and 43, rather than the reduced requirements of the federal 
regulations. The District requirements are found at 20 DCMR 
4264.2(a)(4) and 4265.2(a)(4).
    (e) The District has a prohibition at 20 DCMR 4202.3 on any land-
based treatment, storage, or disposal of hazardous waste within the 
District. This prohibition includes surface impoundments, waste piles, 
landfills, road treatment, and any other land application of hazardous 
waste. The District also prohibits land disposal, incineration, and 
underground injection of hazardous waste, and prohibits burning, 
processing, or incineration of hazardous waste, hazardous waste fuels, 
or mixtures of hazardous wastes and other materials in any type of 
incinerator, boiler, or industrial furnace. The Federal program does 
not include such prohibitions.
    (f) Unlike the Federal program, the District (at 20 DCMR 4202.3) 
prohibits the burning of both on- and off-specification used oil in the 
District, and prohibits the use of used oil as a dust suppressant.

3. Federal Requirements for Which the District of Columbia Is Not 
Seeking Authorization

    A number of the District's regulations are not part of the program 
revisions EPA is proposing to authorize. Those provisions include, but 
are not limited to, the following:
    (a) The District has regulations defining how program information 
is to be shared with the public, but is not seeking authorization for 
the Availability of Information requirements relative to RCRA section 
3006(f).
    (b) The District is not seeking authority for the Federal 
corrective action program. EPA will continue to administer this part of 
the program.
    (c) The District has incorporated the Federal hazardous waste 
export provisions as codified in the July 1, 2004 edition of Title 40, 
parts 262 and 264 of the CFR into 20 DCMR Sections 4262 and 4264. 
However, the District is not seeking authorization for these provisions 
at this time. EPA will continue to implement those requirements as 
appropriate.
    (d) 20 DCMR Section 4266 incorporates the mixed waste provisions as 
codified in the July 1, 2004 edition of Title 40 of the CFR, but the 
District has not yet been authorized, nor is the District now seeking 
authorization, to implement the mixed waste regulations. The provisions 
at 20 DCMR 4266.1 and 4266.3 will become effective in the District when 
the District is authorized for the mixed waste rules.

H. Who handles permits after the authorization takes effect?

    The District will continue to issue permits covering all the 
provisions for which it is authorized and will administer the permits 
it issues. EPA will continue to administer any RCRA hazardous waste 
permits or portions of permits that EPA issued prior to the effective 
date of this authorization in accordance with the signed Memorandum of 
Agreement, dated March 10, 2017, which is included with this program 
revision application. Until such time as formal transfer of EPA permit 
responsibility to the District occurs and EPA terminates its permit, 
EPA and the District agree to coordinate the administration of permits 
in order to maintain consistency. 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. EPA will continue to 
implement and issue permits for HSWA requirements for which the 
District is not yet authorized.

I. How would this proposed action affect Indian Country (18 U.S.C. 115) 
in the District of Columbia?

    The District is not seeking authority to operate the program on 
Indian lands, since there are no Federally-recognized Indian Lands in 
the District.

J. Statutory and Executive Order Reviews

    This authorization revises the District's authorized hazardous 
waste management program pursuant to Section 3006 of RCRA and imposes 
no requirements other than those currently imposed by District law. 
This authorization complies with applicable executive orders and 
statutory provisions as follows:

1. Executive Order 12866

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
Federal agencies must determine whether the regulatory action is 
``significant'', and therefore subject to Office of Management and 
Budget (OMB) review and the requirements of the E.O. The E.O. defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more, or adversely affect in a material way, the economy, a sector 
of the economy, productivity, competition, jobs, the environment, 
public health or safety, or State, local, or tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs, or the rights and obligations of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the E.O. EPA has 
determined that this authorization is not a ``significant regulatory 
action'' under the terms of E.O. 12866 and is therefore not subject to 
OMB review.

2. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., 
because this authorization does not establish or modify any information 
or recordkeeping requirements for the regulated community and only 
seeks to authorize the pre-existing requirements under State law and 
imposes no additional requirements beyond those imposed by State law.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose

[[Page 26921]]

or provide information to or for a Federal agency. This includes the 
time needed to review instructions; develop, acquire, install, and 
utilize technology and systems for the purposes of collecting, 
validating, and verifying information, processing, and maintaining 
information, and disclosing and providing information; adjust the 
existing ways to comply with any previously applicable instructions and 
requirements; train personnel to be able to respond to a collection of 
information; search data sources; complete and review the collection of 
information; and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in title 40 of the CFR are listed in 40 CFR part 9.

3. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), generally requires Federal 
agencies to prepare a regulatory flexibility analysis of any rule 
subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act or any other statute unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. Small entities include small 
businesses, small organizations, and small governmental jurisdictions. 
For purposes of assessing the impacts of this authorization on small 
entities, small entity is defined as: (1) A small business defined by 
the Small Business Administration's size regulations at 13 CFR 121.201; 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district, or special district with a population of 
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field. I certify that this authorization will not have 
a significant economic impact on a substantial number of small entities 
because the authorization will only have the effect of authorizing pre-
existing requirements under State law and imposes no additional 
requirements beyond those imposed by State law.

4. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. 
L. 104-4) establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the rule an explanation why the 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements. This authorization contains no Federal mandates (under 
the regulatory provisions of Title II of the UMRA) for State, local, or 
tribal governments or the private sector. It imposes no new enforceable 
duty on any State, local or tribal governments or the private sector. 
Similarly, EPA has also determined that this authorization contains no 
regulatory requirements that might significantly or uniquely affect 
small government entities. Thus, this authorization is not subject to 
the requirements of sections 202 and 203 of the UMRA.

5. Executive Order 13132: Federalism

    This authorization does not have federalism implications. It 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 various levels of government, as 
specified in E.O. 13132 (64 FR 43255, August 10, 1999). This document 
authorizes pre-existing State rules. Thus, E.O. 13132 does not apply to 
this authorization. In the spirit of E.O. 13132, and consistent with 
EPA policy to promote communications between EPA and State and local 
governments, EPA specifically solicited comment on this authorization 
from State and local officials.

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000), 
requires the EPA to develop an accountable process to ensure 
``meaningful and timely input by tribal officials in the development of 
regulatory policies that have tribal implications.'' This authorization 
does not have tribal implications, as specified in E.O. 13175 because 
EPA retains its authority over Indian Country. Thus, E.O. 13175 does 
not apply to this authorization.

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the E.O. has the potential to influence the regulation. This action is 
not subject to E.O. 13045 because it proposes to approve a State 
program.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This authorization 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'' as defined under E.O. 12866, 
as discussed in detail above.

9. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), (Pub. L. 104-113, 12(d)) (15 U.S.C. 272), 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus bodies. The NTTAA directs EPA to provide

[[Page 26922]]

Congress, through OMB, explanations when the Federal agency decides not 
to use available and applicable voluntary consensus standards. This 
authorization does not involve technical standards. Therefore, EPA is 
not considering the use of any voluntary consensus standards.

10. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    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. EPA has determined that this 
authorization will not have disproportionately high and adverse human 
health or environmental effects on minority or low-income populations. 
This authorization does not affect the level of protection provided to 
human health or the environment because this document authorizes pre-
existing State rules which are equivalent to and no less stringent than 
existing Federal requirements.

11. The Congressional Review Act, 5 U.S.C. 801-808

    The Congressional Review Act, 5 U.S.C. 801-808, 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. EPA will submit a report containing this document and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

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 proposed action is issued under the authority of 
sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, 
as amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: May 2, 2018.
Cosmo Servidio,
Regional Administrator, U.S. EPA Region III.
[FR Doc. 2018-12507 Filed 6-8-18; 8:45 am]
BILLING CODE 6560-50-P


