[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Proposed Rules]
[Pages 47858-47867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20533]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2018-0527; FRL-9984-12--Region 4]


Kentucky: Proposed Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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[[Page 47859]]

SUMMARY: Kentucky 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 Kentucky'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 October 22, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2018-0527, at http://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: Audrey Baker, Materials and Waste 
Management Branch, RCR Division, U.S. Environmental Protection Agency, 
Atlanta Federal Center, 61 Forsyth Street SW, Atlanta, Georgia 30303-
8960; telephone number: (404) 562-8483: fax number: (404) 562-9964; 
email address: [email protected].

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, 
including revisions to state programs initiated by the states. 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 
implements those requirements and prohibitions in the states, including 
the issuance of new permits implementing those requirements, until the 
states are granted authorization to do so.

B. What decisions has EPA made in this rule?

    On April 13, 2018, Kentucky submitted a program revision 
application seeking authorization of changes to its hazardous waste 
program in accordance with 40 CFR 271.21. In particular, Kentucky is 
seeking authorization for updated State regulations addressing all 
federal RCRA regulations through June 30, 2017. EPA concludes that 
Kentucky'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 grant Kentucky final authorization to 
operate its hazardous waste program with the changes described in its 
authorization application, and as outlined below in Section F of this 
document.
    Kentucky currently 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 revised program 
application, subject to the limitations of HSWA. Upon authorization of 
the changes contained in Kentucky's program revision application, 
Kentucky will gain permitting responsibility for the additional HSWA 
requirements contained in its application as discussed in Section C 
below.

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

    If Kentucky is authorized for the changes described in Kentucky's 
authorization application, these changes will become part of the 
authorized State hazardous waste program, and therefore will be 
federally enforceable. Kentucky will continue to have primary 
enforcement authority and responsibility for its State hazardous waste 
program. Upon authorization for certain HSWA provisions included in 
Kentucky's application, including organic air emissions standards, 
boiler and industrial furnace requirements, and land disposal 
restrictions, Kentucky will assume permitting responsibility for these 
portions of the RCRA program from EPA. EPA and the State will 
coordinate the transfer of permitting responsibility for any existing 
federal permits from EPA to the State upon final authorization.
    EPA will retain 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 will not impose additional requirements on the 
regulated community because the regulations for which EPA is proposing 
to authorize Kentucky are already effective, and are not changed by 
today's proposed action.

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

    EPA will evaluate any comments received on this proposed action and 
will make a final decision on approval or disapproval of Kentucky's 
proposed authorization. Our decision will be published in the Federal 
Register. You may not have another opportunity to comment. If you want 
to comment on this authorization, you must do so at this time.

E. What has Kentucky previously been authorized for?

    Kentucky initially received final authorization on January 17, 
1985, effective January 31, 1985 (50 FR 2550), to implement the RCRA 
hazardous waste management program. EPA granted authorization for 
changes to Kentucky's program on the following dates: October 20, 1988, 
effective December 19, 1988 (53 FR 41164); January 18, 1989, effective 
March 20, 1989 (54 FR 1940); March 16, 1989, effective May 15, 1989 (54 
FR 10986); October 30, 1992, effective December 29, 1992 (57 FR 49140); 
January 10, 1995, effective March 13, 1995 (60 FR 2534); April 26, 
1996, effective June 25, 1996 (61 FR 18504); May 23, 1996,

[[Page 47860]]

effective July 22, 1996 (61 FR 25799); and December 26, 2001, effective 
February 25, 2002 (66 FR 66340).

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

    Kentucky's hazardous waste program was previously codified in 166 
regulations set forth at Title 401 of the Kentucky Administrative 
Regulations (KAR) Chapters 31 through 39, 43, and 44. Kentucky 
promulgated revised hazardous waste regulations, effective on December 
7, 2017, which condensed these former hazardous waste regulations into 
five regulations found at 401 KAR Chapter 39. Kentucky's regulations at 
401 KAR Chapter 39 adopt the majority of Title 40 of the Code of 
Federal Regulations, parts 260 through 270, 273, and 279, via 
incorporation by reference. The Kentucky regulations and associated 
federal analogs are: 401 KAR 39:005 (40 CFR 260.10); 401 KAR 39:060, 
Section 2 (40 CFR part 260); 401 KAR 39:060, Section 3 (40 CFR part 
261); 401 KAR 39:060, Section 4 (40 CFR part 268); 401 KAR 39:060, 
Section 5 (40 CFR parts 124 and 270); 401 KAR 39:080, Section 1 (40 CFR 
part 262); 401 KAR 39:080, Section 2 (40 CFR part 263); 401 KAR 39:080, 
Section 3 (40 CFR part 273); 401 KAR 39:080, Section 4 (40 CFR part 
279); 401 KAR 39:090, Section 1 (40 CFR part 264); 401 KAR 39:090, 
Section 2 (40 CFR part 265); 401 KAR 39:090, Section 3 (40 CFR part 
266); and 401 KAR 39:090, Section 4 (40 CFR part 267).
    On April 13, 2018, Kentucky submitted a program revision 
application, seeking authorization of its newly condensed hazardous 
waste regulations. The additions to the Kentucky program include older 
federal rules not previously adopted and/or authorized, as well as 
newly promulgated federal rules. EPA proposes to determine, subject to 
receipt of written comments that oppose this action, that Kentucky'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. 
EPA's approval of the revised format of the regulations at 401 KAR 
Chapter 39 does not impact EPA's prior authorization decisions, and all 
previously authorized federal rules remain federally authorized.
    EPA is proposing to authorize Kentucky for the federal regulations 
listed in Table 1 below. The State regulations which EPA is proposing 
to authorize are included in Table 2, along with their federal analogs.

                                 Table 1
------------------------------------------------------------------------
                                                 Federal Register  date
      Description of Federal requirement                and page
------------------------------------------------------------------------
Checklist \1\ SI: Sharing of Information with  7/15/1985.
 ATSDR \2\.
Checklist 24.1: Closure/Post-Closure and       53 FR 7740, 3/10/1988.
 Financial Responsibility Requirements
 (Correction 1).
Checklist 24A: Financial Responsibility;       55 FR 25976, 6/26/1990.
 Settlement Agreement (Amendment to Checklist
 24's Optional Designation of 264.113 and
 265.113).
Checklist 27: Liability Coverage; Corporate    51 FR 25350, 7/11/1986.
 Guarantee.
Checklists 28H and 28H.1: Standards for        51 FR 25422, 7/14/1986;
 Hazardous Waste Storage and Treatment Tank     51 FR 29430, 8/15/1986.
 Systems and Correction 1 (HSWA Provisions).
Checklist 38.1: Development of Corrective      52 FR 33936, 9/9/1987.
 Action Programs After Permitting Hazardous
 Waste Land Disposal Facilities (Correction
 1).
Checklists 39 and 39.1: California List Waste  52 FR 25760, 7/8/1987; 52
 Land Disposal Restrictions and Correction 1.   FR 41295, 10/27/1987.
Checklist 47: Technical Correction to          53 FR 27162, 7/19/1988.
 Checklist 23, Small Quantity Generators.
Checklist 48: Farmer Exemptions; Technical     53 FR 27164, 7/19/1988.
 Corrections.
Checklists 50 and 50.1: Land Disposal          53 FR 31138, 8/17/1988;
 Restrictions for First Third Scheduled         54 FR 8264, 2/27/1989.
 Wastes and Correction 1.
Checklist 52H: Hazardous Waste Management      53 FR 34079, 9/2/1988.
 System; Standards for Hazardous Waste
 Storage and Treatment Tank Systems (Revision
 to Checklist 28) (HSWA Provisions).
Checklist 58: \3\ Standards for Generators of  53 FR 45089, 11/8/1988.
 Hazardous Waste; Manifest Renewal.
Checklist 62: Land Disposal Restriction        54 FR 18836, 5/2/1989.
 Amendments to First Third Scheduled Wastes
 (Technical Correction to Checklist 50).
Checklist 63: Land Disposal Restrictions for   54 FR 26594, 6/23/1989.
 Second Third Scheduled Wastes.
Checklist 64: Delay of Closure Period for      54 FR 33376, 8/14/1989.
 Hazardous Waste Management Facilities.
Checklist 65: Mining Waste Exclusion I.......  54 FR 36492,9/1/1989.
Checklists 66 and 66.1: Land Disposal          54 FR 36967, 9/6/1989; 55
 Restrictions; Correction to the First Third    FR 23935, 6/13/1990.
 Scheduled Wastes (Correction to Checklist
 50).
Checklist 69: Reportable Quantity Adjustment   54 FR 50968, 12/11/1989.
 (F024 and F025).
Checklist 70: Changes to Part 124 Not          54 FR 246, 1/4/1989.
 Accounted for by Present Checklists.
Checklist 71: Mining Waste Exclusion II......  55 FR 2322, 1/23/1990.
Checklists 78H and 78N: Land Disposal          55 FR 22520, 6/1/1990.
 Restrictions for Third Third Scheduled
 Wastes (HSWA and Non-HSWA Provisions).
Checklist 79: Organic Air Emission Standards   55 FR 25454, 6/21/1990.
 for Process Vents and Equipment Leaks.
Checklist 82: Wood Preserving Listings (HSWA/  55 FR 50450, 12/6/1990.
 Non-HSWA).
Checklist 83: Land Disposal Restrictions for   56 FR 3864, 1/31/1991.
 Third Third Scheduled Wastes; Technical
 Amendment (HSWA).
Checklist 85: Burning of Hazardous Waste in    56 FR 7134, 2/21/1991.
 Boilers and Industrial Furnaces (HSWA/Non-
 HSWA).
Checklist 87: Organic Air Emission Standards   56 FR 19290, 4/26/1991.
 for Process Vents and Equipment Leaks;
 Technical Amendment (HSWA).
Checklist 90: Mining Exclusion III (Non-HSWA)  56 FR 27300, 6/13/1991.
Checklist 92: Wood Preserving Listing;         56 FR 30192, 7/1/1991.
 Technical Correction (HSWA/Non-HSWA).
Checklist 94: Burning of Hazardous Waste in    56 FR 32688, 7/17/1991.
 Boilers and Industrial Furnaces; Corrections
 and Technical Amendments I (HSWA/Non-HSWA).
Checklist 95: Land Disposal Restrictions for   56 FR 41164, 8/19/1991.
 Electric Arc Furnace Dust (K061) (HSWA).

[[Page 47861]]

 
Checklist 96: Burning of Hazardous Waste in    56 FR 42504, 8/27/1991.
 Boilers and Industrial Furnaces: Technical
 Amendments II (HSWA/Non-HSWA).
Checklist 100: Liners and Leak Detection       57 FR 3462, 1/29/1992.
 Systems for Hazardous Waste Land Disposal
 Units.
Checklist 102: Second Correction to the Third  57 FR 8086, 3/6/1992.
 Third Land Disposal Restrictions.
Checklist 103: \4\ Hazardous Debris Case-by-   57 FR 28628, 6/26/1992.
 Case Capacity Variance.
Checklist 106: Lead-Bearing Hazardous          57 FR 28628, 6/26/1992.
 Materials Case-by-Case Capacity Variance.
Checklist 107: Used Oil Filter Exclusion;      57 FR 29220, 7/1/1992.
 Technical Correction.
Checklist 108: Toxicity Characteristics        57 FR 30657, 7/10/1992.
 Revision; Technical Corrections.
Checklist 109: Land Disposal Restrictions for  57 FR 37194, 8/18/1992.
 Newly Listed Wastes and Hazardous Debris.
Checklist 110: Coke By-Product Listings......  57 FR 37284, 8/18/1992.
Checklist 111: Burning of Hazardous Waste in   57 FR 38558, 8/25/1992.
 Boilers and Industrial Furnaces; Technical
 Amendment III.
Checklist 112: Recycled Used Oil Management    57 FR 41566, 9/10/1992.
 Standards.
Checklists 113, 113.1 and 113.2: Consolidated  57 FR 33938, 9/1/88; 56
 Liability Requirements.                        FR 30200, 7/1/1991; 57
                                                FR 42832, 9/16/1992.
Checklist 114: Burning of Hazardous Waste in   57 FR 44999, 9/30/1992.
 Boilers and Industrial Furnaces; Technical
 Amendment IV.
Checklist. 115: Chlorinated Toluene            57 FR 47376, 10/15/1992.
 Production Waste Listing.
Checklist 116: Hazardous Soil Case-by-Case     57 FR 47772, 10/20/1992.
 Capacity Variance.
Checklists 117A, 117A.1, and 117A.2: \5\       57 FR 7628, 3/3/1992; 57
 Reissuance of the Mixture and Derived-From     FR 23062, 6/1/1992; 57
 Rules.                                         FR 49278, 10/20/1992.
Checklist 117B: Toxicity Characteristic        57 FR 23062, 6/1/1992.
 Revision.
Checklist 118: Liquids in Landfills II.......  57 FR 54452, 11/18/1992.
Checklists 119 and 119.1: Toxicity             57 FR 55114, 11/24/1992;
 Characteristic Revision; TCLP Correction.      58 FR 6854, 2/2/1993.
Checklist 120: Wood Preserving; Amendments to  57 FR 61492, 12/24/1992.
 Listings and Technical Requirements.
Checklist 121: Corrective Action Management    58 FR 8658, 2/16/1993.
 Units and Temporary Units.
Checklists 122 and 122.1: Recycled Used Oil    58 FR 26420, 5/3/1993; 58
 Management Standards; Technical Amendments     FR 33341, 6/17/1993.
 and Corrections I.
Checklist 123: Land Disposal Restrictions;     58 FR 28506, 5/14/1993.
 Renewal of the Hazardous Debris Case-by-Case
 Capacity Variance.
Checklist 124: Land Disposal Restrictions for  58 FR 29860, 5/24/1993.
 Ignitable and Corrosive Characteristic
 Wastes Whose Treatment Standards Were
 Vacated.
Checklist 125: Boilers and Industrial          58 FR 38816, 7/20/1993.
 Furnaces; Changes for Consistency with New
 Air Regulations.
Checklists 126 and 126.1: Testing and          58 FR 46040, 8/31/1993;
 Monitoring Activities.                         59 FR 47980, 9/19/1994.
Checklist 127: Boilers and Industrial          58 FR 59598, 11/9/1993.
 Furnaces; Administrative Stay and Interim
 Standards for Bevill Residues.
Checklist 128: Wastes from the Use of          59 FR 458, 1/4/1994.
 Chlorophenolic Formulations in Wood Surface
 Protection.
Checklist 129: Revision of Conditional         59 FR 8362, 2/18/1994.
 Exemption for Small Scale Treatability
 Studies.
Checklist 130: Recycled Used Oil Management    59 FR 10550, 3/4/1994.
 Standards; Technical Amendments and
 Corrections II.
Checklist 131: Recordkeeping Instructions;     59 FR 13891, 3/24/1994.
 Technical Amendment.
Checklist 132: Wood Surface Protection;        59 FR 28484, 6/2/1994.
 Correction.
Checklist 133: Letter of Credit Revision.....  59 FR 29958, 6/10/1994.
Checklist 134: Correction of Beryllium Powder  59 FR 38536, 7/28/1994.
 (P015) Listing.
Checklist 135: Recovered Oil Exclusion.......  59 FR 38536, 7/28/1994.
Checklist 136: Removal of the Conditional      59 FR 43496, 8/24/1994.
 Exemption for Certain Slag Residues.
Checklists 137 and 137.1: Universal Treatment  59 FR 47982, 9/19/1994;
 Standards and Treatment Standards for          60 FR 242, 1/3/1995.
 Organic Toxicity Characteristic Wastes and
 Newly Listed Wastes.
Checklist 139: Testing and Monitoring          60 FR 3089, 1/13/1995.
 Activities Amendment 1.
Checklists 140, 140.1, and 140.2: Carbamate    60 FR 7824, 2/9/1995; 60
 Production Identification and Listing of       FR 19165, 4/17/1995, 60
 Hazardous Waste.                               FR 25619,5/12/1995.
Checklist 141: Hazardous Waste Management      60 FR 17001, 4/4/1995.
 System: Testing and Monitoring Activities,
 Amendment 2.
Checklists 142A-142E: Universal Waste Rule:..  60 FR 25492, 5/11/1995.
    Checklist 142A: General Provisions;
     Checklist 142B: Specific Provisions for
     Batteries; Checklist 142C: Specific
     Provisions for Pesticides; Checklist
     142D: Specific Provisions for
     Thermostats; Checklist 142E: Petitions
     to Add a New Universal Waste.
Checklist 144: Removal of Legally Obsolete     60 FR 33912, 6/29/1995.
 Rules.
Checklist 145: Liquids in Landfills III......  60 FR 35703, 7/11/1995.
Checklist 148: RCRA Expanded Public            60 FR 63417, 12/11/1995.
 Participation.
Checklist 150: Recovered Oil Exclusion;        61 FR 13103, 3/26/1996.
 Correction.
Checklists 151, 151.1, 151.2, 151.3, 151.4,    61 FR 15566, 4/8/1996; 61
 151.5, and 151.6: Land Disposal Restrictions   FR 15660, 4/8/1996; 61
 Phase III--Decharacterized Wastewaters,        FR 19117, 4/30/1996; 61
 Carbamate Wastes, and Spent Potliners.         FR 33680, 6/28/1996; 61
                                                FR 36419, 7/10/1996; 61
                                                FR 43924, 8/26/1996; 62
                                                FR 7502, 2/19/1997.

[[Page 47862]]

 
Checklist 152: Imports and Exports of          61 FR 16289, 4/12/1996.
 Hazardous Waste; Implementation of OECD
 Council Decision.
Checklist 153: Conditionally Exempt Small      61 FR 34252, 7/1/1996.
 Quantity Generator Disposal Options under
 Subtitle D.
Checklists 154, 154.1, 154.2, 154.3, 154.4,    61 FR 59931, 11/25/1996;
 154.5, and 154.6: Consolidated Organic Air     59 FR 62896, 12/6/1994;
 Emission Standards for Tanks, Surface          60 FR 26828, 5/19/1995;
 Impoundments, and Containers.                  60 FR 50426, 9/29/1995;
                                                60 FR 56952, 11/13/1995;
                                                61 FR 4903, 2/9/1996; 61
                                                FR 28508, 6/5/1996.
Checklist 155: Land Disposal Restrictions      62 FR 1992, 1/14/1997.
 Phase III--Emergency Extension of the K088
 Capacity Variance.
Checklist 156: Military Munitions Rule.......  62 FR 6622, 2/12/1997.
Checklist 157: Land Disposal Restrictions--    62 FR 25998, 5/12/1997.
 Phase IV.
Checklist 158: Testing and Monitoring          62 FR 32452, 6/13/1997.
 Activities Amendment III.
Checklist 159: Compliance with the Carbamate   62 FR 32974, 6/17/1997.
 Vacatur.
Checklist 160: Land Disposal Restrictions      62 FR 37694, 7/14/1997.
 Phase III--Emergency Extension of the K088
 National Capacity Variance, Amendment.
Checklist 161: Emergency Revision of the       62 FR 45568, 8/28/1997.
 Carbamate Land Disposal Restrictions.
Checklist 162: Clarification of Standards for  62 FR 64504, 12/5/1997.
 Hazardous Waste LDR Treatment Variances.
Checklist 163: Organic Air Emission Standards  62 FR 64636, 12/8/1997.
 for Tanks, Surface Impoundments, and
 Containers; Clarification and Technical
 Amendment.
Checklist 164: Kraft Mill Steam Stripper       63 FR 18504, 4/15/1998.
 Condensate Exclusion.
Checklists 166 and 166.1: Recycled Used Oil    63 FR 24963, 5/6/1998; 63
 Management Standards; Technical Correction     FR 37780, 7/14/1998.
 and Clarification.
Checklist 167A: Land Disposal Restrictions     63 FR 28556, 5/26/1998.
 Phase IV--Treatment Standards for Metal
 Wastes and Mineral Processing Wastes.
Checklist 167B: Land Disposal Restrictions     63 FR 31266, 6/8/1998.
 Phase IV--Hazardous Soils Treatment
 Standards and Exclusions; Checklists 167C
 and 167C.1: Land Disposal Restrictions Phase
 IV--Corrections; Checklist 167D: Mineral
 Processing Secondary Materials Exclusion;
 Checklist 167E: Bevill Exclusion Revisions
 and Clarification; Checklist 167F: Exclusion
 of Recycled Wood Preserving Wastewaters.
Checklist 169: Petroleum Refining Process      63 FR 42110, 8/6/1998; 63
 Wastes.                                        FR 54356, 10/9/1998.
Checklist 170: Land Disposal Restrictions      63 FR 46332, 8/31/1998.
 Phase IV--Zinc Micronutrient Fertilizers,
 Administrative Stay.
Checklist 171: Emergency Revisions of LDR      63 FR 47409, 9/4/1998.
 Treatment Standards for Listed Hazardous
 Wastes from Carbamate Production.
Checklist 172: Land Disposal Restrictions      63 FR 48124, 9/9/1998.
 Phase IV--Extension of Compliance Date for
 Characteristic Slags.
Checklist 173: Land Disposal Restrictions--    63 FR 51254, 9/24/1998.
 Treatment Standards for Spent Potliners from
 Primary Aluminum Reduction (K088); Final
 Rule.
Checklist 174: Post-Closure Requirements and   63 FR 56710, 10/22/1998.
 Closure Process.
Checklist 175: HWIR-Media....................  63 FR 65874, 11/30/1998.
Checklist 176: Universal Waste Rule--          63 FR 71225, 12/24/1998.
 Technical Amendments.
Checklist 177: Organic Air Emission            64 FR 3381, 1/21/1999.
 Standards; Clarification and Technical
 Amendments.
Checklist 178: Petroleum Refining Process      64 FR 6806, 2/11/1999.
 Wastes--Leachate Exemption.
Checklist 179: Land Disposal Restrictions      64 FR 25408, 5/11/1999.
 Phase IV--Technical Corrections and
 Clarifications to Treatment Standards.
Checklist 180: Test Procedures for the         64 FR 26315, 5/14/1999.
 Analysis of Oil and Grease and Non-Polar
 Material.
Checklist 181: Universal Waste Rule: Specific  64 FR 36466, 7/6/1999.
 Provisions for Hazardous Waste Lamps.
Checklists 182 and 182.1: Hazardous Air        64 FR 52827, 9/30/1999;
 Pollutant Standards for Combustors,            64 FR 63209, 11/19/1999.
 Miscellaneous Units, and Secondary Lead
 Smelters; Clarification of BIF Requirements;
 Technical Correction to Fast-track Rule.
Checklist 183: Land Disposal Restrictions      64 FR 56469, 10/20/1999.
 Phase IV--Technical Corrections.
Checklist 184: Waste Water Treatment Sludges   65 FR 12378, 3/8/2000.
 from Metal Finishing Industry; 180-Day
 Accumulation Time.
Checklist 187: Petroleum Refining Process      65 FR 36365, 6/8/2000.
 Wastes--Clarification.
Checklists 188, 188.1 and 188.2: Hazardous     65 FR 42292, 7/10/2000;
 Air Pollutant Standards; Technical             66 FR 24270, 5/14/2001;
 Corrections.                                   66 FR 35087, 7/3/2001.
Checklist 189: Chlorinated Aliphatics Listing  65 FR 67068, 11/8/2000.
 and LDRs for Newly Identified Wastes.
Checklist 190: Land Disposal Restrictions      65 FR 81373, 12/26/2000.
 Phase IV--Deferral for PCBs in Soil.
Checklist 191: Mixed Waste Rule..............  66 FR 27218, 5/16/2001.
Checklist 192A: Mixture and Derived-From Rule  66 FR 27266, 5/16/2001.
 Revisions; Checklist 192B: Land Disposal
 Restrictions Correction.
Checklist 193: Change of Official EPA Mailing  66 FR 34374, 6/28/2001.
 Address.
Checklist 194: Mixture and Derived-From Rules  66 FR 50332, 10/3/2001.
 Revision II.
Checklists 195 and 195.1: Inorganic Chemical   66 FR 58258, 11/20/2001;
 Manufacturing Wastes Identification and        67 FR 17119, 4/9/2002.
 Listing.
Checklist 196: CAMU Amendments...............  67 FR 2962, 1/22/2002.
Checklist 197: Hazardous Air Pollutant         67 FR 6792, 2/13/2002.
 Standards for Combustors: Interim Standards.
Checklist 198: Hazardous Air Pollutant         67 FR 6968, 2/14/2002.
 Standards for Combustors: Corrections.

[[Page 47863]]

 
Checklist 199: Vacatur of Mineral Processing   67 FR 11251, 3/13/2002.
 Spent Materials Being Reclaimed as Solid
 Wastes and TCLP Use with MGP Waste.
Checklist 200: Zinc Fertilizer Rule..........  67 FR 48393, 7/24/2002.
Checklist 201: Treatment Variance for          67 FR 62618, 11/21/2002.
 Radioactively Contaminated Batteries.
Checklist 202: Hazardous Air Pollutant         67 FR 77687, 12/19/2002.
 Standards for Combustors--Corrections 2.
Checklist 203: Recycled Used Oil Management    68 FR 44659, 7/30/2003.
 Standards; Clarification.
Checklist 205: NESHAP--Surface Coating of      69 FR 22601, 4/26/2004.
 Automobiles and Light-Duty Trucks.
Checklists 206 and 206.1: Non-Wastewaters      70 FR 9138, 2/24/2005; 70
 from Dyes and Pigments.                        FR 35032, 6/13/2005.
Checklists 207 and 207.1: Uniform Hazardous    70 FR 10776, 3/4/2005; 70
 Waste Manifest Rule.                           FR 35034, 6/16/2005.
Checklists 208 and 208.1: Methods and          70 FR 34538, 6/14/2005;
 Innovation Rule and SW-846 Final Update IIIB.  70 FR 44150, 8/1/2005.
Checklist 209: Universal Waste Rule; Specific  70 FR 45508, 8/5/2005.
 Provisions for Mercury Containing Equipment.
Checklist 210: Standardized Permit for RCRA    70 FR 53420, 9/8/2005.
 Hazardous Waste Management Facilities.
Checklist 211: Revision of Wastewater          70 FR 57769, 10/4/2005.
 Treatment Exemptions for Hazardous Waste
 Mixtures (``Headworks exemptions'').
Checklist 212: NESHAP: Final Standards for     70 FR 59402, 10/12/2005.
 Hazardous Waste Combustors (Phase I Final
 Replacement Standards and Phase II).
Checklist 213: Burden Reduction Initiative...  71 FR 16862, 4/4/2006.
Checklist 214: Corrections to Errors in the    71 FR 40254, 7/14/2006.
 Code of Federal Regulations.
Checklist 215: Cathode Ray Tubes Rule........  71 FR 42928, 7/28/2006.
Checklist 217: NESHAP--Final Standards for     73 FR 18970, 4/8/2008.
 Hazardous Waste Combustors (Phase I Final
 Replacement Standards and Phase II)
 Amendments.
Checklist 218: F019 Exemption for Wastewater   73 FR 31756, 6/4/2008.
 Treatment Sludges from Auto Manufacturing
 Zinc Phosphating Processes.
Checklist 220: Academic Laboratories           73 FR 72912, 12/1/2008.
 Generator Standards.
Checklist 222: OECD Requirements; Export       75 FR 1236, 1/8/2010.
 Shipments of Spent Lead-Acid Batteries.
Checklist 223: Hazardous Waste Technical       75 FR 12989, 3/18/2010;
 Corrections and Clarifications.                75 FR 31716, 6/4/2010.
Checklist 225: Removal of Saccharin and Its    75 FR 78918, 12/17/2010.
 Salts from the Lists of Hazardous
 Constituents.
Checklist 226: Academic Laboratories           75 FR 79304, 12/20/2010.
 Generator Standards Technical Corrections.
Checklist 227: Revision of the Land Disposal   76 FR 34147, 6/13/2011.
 Treatment; Standards for Carbamate Wastes.
Checklist 228: Hazardous Waste Technical       77 FR 22229, 4/13/12.
 Corrections and Clarifications.
Checklist 229: Conditional Exclusions for      78 FR 46448, 7/31/13.
 Solvent Contaminated Wipes.
Checklist 230: Conditional Exclusion for       79 FR 350, 1/3/2014.
 Carbon Dioxide (CO2) Streams in Geologic
 Sequestration Activities.
Checklist 231: Hazardous Waste Electronic      79 FR 7518, 2/7/2014.
 Manifest System.
Checklist 232: Revisions to the Export         79 FR 36220, 6/26/14.
 Provisions of the Cathode Ray Tube (CRT)
 Rule.
Checklist 233: \6\ Revisions to the            80 FR 1694, 1/13/2015; 83
 Definition of Solid Waste, Response to         FR 24664, 5/31/2018.
 Vacatur of Certain Provisions of the
 Definition of Solid Waste Rule.
Checklist 235: Disposal of Coal Combustion     80 FR 21302, 4/17/2015.
 Residuals from Electric Utilities.
Checklist 236: Imports and Exports of          81 FR 85696, 11/28/16; 82
 Hazardous Waste.                               FR 41015, 8/29/2017.
Checklist 237: Hazardous Waste Generator Rule  81 FR 85732, 11/28/16.
 Improvements.
------------------------------------------------------------------------
\1\ A ``checklist'' is developed by EPA for each federal rule amending
  the RCRA regulations. The checklists document the changes made by each
  federal rule and are presented and numbered in chronological order by
  date of promulgation.
\2\ The analogous State authority for Checklist SI is Kentucky Revised
  Statutes (KRS) 224.10-212 and 224.10-100(14). The State analogs for
  the remaining checklists are listed in Table 2 below.
\3\ Checklist 58 has been superseded by Checklist 207, the Uniform
  Hazardous Waste Manifest Rule, also included in this proposed
  authorization.
\4\ Certain federal rules cited in this Table 1, such as the rules
  identified by Checklists 103, 106, and 116, among others, address land
  disposal restriction capacity variances and other federal rules that
  may have been subsequently amended. As a result, authorization of
  these rules may be moot. However, for purposes of completeness, the
  rules are included above. However, if a federal rule has been vacated
  or withdrawn, it is not listed in Table 1 above and will not be
  authorized.
\5\ Checklist 117A has been superseded by Checklist 192A, the Final
  Mixture and Derived-From Rule, which is also included in this proposed
  authorization.
\6\ Kentucky adopts the 2015 Definition of Solid Waste (DSW) Rule and
  the 2018 amendments to the DSW Rule, at 401 KAR 39:005, Section 1, and
  39:060, Sections 2, 3 and 5. Because Kentucky adopts the analogous
  provisions of 40 CFR parts 260, 261, and 270 prospectively, Kentucky's
  2017 regulations appropriately adopt the 2018 amendments to the DSW
  Rule.


                                 Table 2
------------------------------------------------------------------------
                                    State provisions proposed to be
        Federal analog                       authorized \7\
------------------------------------------------------------------------
40 CFR 260.10................  401 KAR 39:005, Section 1 and Sections
                                1(1)-(75).\8\
40 CFR 260 (except 260.10)...  401 KAR 39:060, Sections 2(1)-(3) and
                                (6).
40 CFR 261...................  401 KAR 39:060, Sections 3(1)-(3), (5)-
                                (7), and (9)(a).
40 CFR 262...................  401 KAR 39:080, Sections 1(1)-(7)(a)1.,
                                (8)(a), and (9)-(11).
40 CFR 263...................  401 KAR 39:080, Sections 2(1)-(3).
40 CFR 264...................  401 KAR 39:090, Section 1 and Sections
                                1(1) \9\-(7).
40 CFR 265...................  401 KAR 39:090, Sections 2(1)-(4).

[[Page 47864]]

 
40 CFR 266...................  401 KAR 39:090, Section 3 and Sections
                                3(1)-(3).
40 CFR 267...................  401 KAR 39:090, Section 4.
40 CFR 268...................  401 KAR 39:060, Section 4.
40 CFR 124 and 270...........  401 KAR 39:060, Sections 5(1), (6)-(7),
                                (11)-(13), and (17)-(18).
40 CFR 273...................  401 KAR 39:080, Sections 3(1)-(4).
40 CFR 279...................  401 KAR 39:080, Sections 4(1)-(4), and
                                (6) \10\-(7).
No Direct Federal Analog \11\  401 KAR 39:060, Section 6(1) and (10)-
                                (12); 401 KAR 39:080, Section 5(1); 401
                                KAR 39:090, Section 5; 401 KAR 39:090,
                                Sections 7(1)-(9) and (11)-(14); 401 KAR
                                39:090, Section 8 and Sections 8(1), (3)-
                                (4)(a), (5)(a), and (6)-(7); 401 KAR
                                39:090, Sections 9(1)-(2), (14)-(17),
                                and (23).
------------------------------------------------------------------------
\7\ The Kentucky regulatory provisions are from the Kentucky hazardous
  waste regulations, effective December 7, 2017.
\8\ Kentucky's application notes an error to be corrected within the
  definition of ``disposal'' at 401 KAR 39:005, Section 1(21). The term
  ``disposal'' is defined at KRS 224.1-010(9), not at KRS 224.1-010(8)
  as stated in the current version of the regulation.
\9\ 401 KAR 39:090, Section 1(1), replaces Table 1 of 40 CFR 264.94 with
  the current federal Maximum Contaminant Levels (MCLs), which is
  functionally equivalent to the federal provision at 40 CFR 264.94.
  Kentucky's application also notes an error to be corrected in Table 1
  of the Kentucky regulation. The correct maximum concentration level
  for lead in groundwater should be 0.015 mg/l.
\10\ EPA is only proposing to authorize 401 KAR 39:080, Section 4(6), to
  the extent it requires additional reporting for used oil transporters.
  The incorporation of other transportation regulations is outside the
  scope of this authorization.
\11\ EPA is proposing to authorize these additional State provisions
  because they relate to, and help to implement, other provisions of the
  Kentucky hazardous waste program set forth in this Table 2.

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

    Although Kentucky incorporates the federal regulations by 
reference, Kentucky's regulations also include certain additions, 
which, if listed in Table 2 above, EPA has determined to be consistent 
with the federal program.
    There are also aspects of the Kentucky program which are more 
stringent than the federal program. All of these more stringent 
requirements will become part of the federally enforceable RCRA program 
when authorized. These more stringent requirements are set forth in 
Table 3 below:

                                 Table 3
------------------------------------------------------------------------
   Kentucky more stringent
          provisions                          Explanation
------------------------------------------------------------------------
401 KAR 39:060, Sections 3(3)  Kentucky is more stringent than the
 and 3(6).                      federal program by requiring that the
                                Cathode Ray Tube export notifications
                                referenced in 40 CFR 261.39(a)(5) and
                                261.41, and the state agreement required
                                by 40 CFR 261.4(b)(11)(ii), be submitted
                                to both EPA and the Kentucky Energy and
                                Environment Cabinet (Cabinet).
401 KAR 39:060, Section        Kentucky is more stringent than the
 5(6)(a)2.                      federal program at 40 CFR 270.13 by
                                requiring the submission of a Part A
                                Application Addendum, DWM 7058A, in
                                addition to the information required on
                                EPA Form 8700-23.
401 KAR 39:060, Section 5(7).  Kentucky is more stringent than the
                                federal program at 40 CFR 270.30(l)(6)
                                by requiring additional release
                                reporting.
401 KAR 39:060, Section 5(18)  Kentucky is more stringent than the
                                federal program at 40 CFR
                                270.60(a)(3)(v) by requiring an annual
                                report instead of a biennial report.
401 KAR 39:060, Section 6(1),  Kentucky is more stringent than the
 401 KAR 39:080, Section        federal program by requiring additional
 5(1), and 401 KAR 39:090,      release reporting for hazardous waste
 Section 9(1).                  and used oil.
401 KAR 39:080, Section        Kentucky is more stringent than the
 1(2)(b).                       federal program at 40 CFR 262.18(b) by
                                requiring the submission of a
                                Registration of Hazardous Waste Activity
                                Addendum, DWM 7037A, in addition to the
                                information required on EPA Form 8700-
                                12.
401 KAR 39:080, Section 1(3).  Kentucky is more stringent than the
                                federal program at 40 CFR 262.18(d) by
                                requiring annual generator registrations
                                for small and large quantity generators
                                as opposed to every two and four years.
401 KAR 39:080, Section        Kentucky is more stringent than the
 1(5)(b).                       federal program at 40 CFR 262.18(d) by
                                requiring updates to the generator
                                registration information to be submitted
                                within thirty (30) days following any
                                changes.
401 KAR 39:080, Section 1(6).  Kentucky is more stringent than the
                                federal program at 40 CFR 262.17 by
                                requiring that large and small quantity
                                generators submit a Request to be
                                Removed from the Hazardous Waste Handler
                                List, DWM 7086, within ninety (90) days
                                after hazardous waste generation ceases.
401 KAR 39:080, Section        Kentucky is more stringent than the
 1(8)(a).                       federal program at 40 CFR 262.41(a) by
                                requiring annual reporting, as opposed
                                to biennial reporting, and by requiring
                                large and small quantity generators to
                                submit a Hazardous Waste Annual Report
                                Addendum, DWM 7072A, in addition to EPA
                                Form 8700-13 A/B.
401 KAR 39:080, Section        Kentucky is more stringent than the
 1(10)(b).                      federal program at 40 CFR 262.14 by
                                requiring very small quantity generators
                                (VSQGs) to register with the Cabinet and
                                obtain an EPA identification number
                                prior to treating waste.
401 KAR 39:080, Section        Kentucky is more stringent than the
 2(2)(b)2.                      federal program at 40 CFR 263.11 by
                                requiring the submission of a
                                Registration of Hazardous Waste
                                Transportation Activity, DWM 7053, in
                                addition to EPA Form 8700-12.
401 KAR 39:080, Section 2(3).  Kentucky is more stringent than the
                                federal program at 40 CFR 263.30(c) by
                                requiring additional release reporting
                                to the Cabinet for hazardous waste
                                transporters.
401 KAR 39:080, Section 3(4).  Kentucky is more stringent than the
                                federal program at 40 CFR 273.32 by
                                requiring large quantity handlers of
                                universal waste to comply with the
                                generator registration requirements at
                                401 KAR 39:080, Section 1.

[[Page 47865]]

 
401 KAR 39:080, Section 4(2).  Kentucky is more stringent than the
                                federal program at 40 CFR 279.22(d) and
                                279.52 by requiring additional release
                                reporting to the Cabinet.
401 KAR 39:080, Section 4(4).  Kentucky is more stringent than the
                                federal program at 40 CFR 279.51,
                                279.62, and 279.73 by requiring used oil
                                handlers to comply with the generator
                                registration requirements at 401 KAR
                                39:080, Section 1(2).
401 KAR 39:080, Sections 4(5)  Kentucky is more stringent than the
 and (6).                       federal program at 40 CFR 279.54 by
                                requiring additional release reporting
                                to the Cabinet.
401 KAR 39:090, Section 1(2)   Kentucky is more stringent than the
 and Section 2(3).              federal program at 40 CFR 264.143,
                                264.145, 264.147, 265.143, 265.145, and
                                265.147 by requiring that insurers
                                providing primary coverage must be
                                authorized to transact insurance in
                                Kentucky.
401 KAR 39:090, Section 1(6)   Kentucky is more stringent than the
 and Section 2(2).              federal program at 40 CFR 264.304 and 40
                                CFR 265.303 by requiring additional
                                release reporting for leak detection
                                systems.
401 KAR 39:090, Sections 3(1)- Kentucky's tables are more stringent than
 (3).                           the federal program at 40 CFR Part 266,
                                Appendix I, Tables I-D and I-E, and
                                Appendix V by establishing emissions
                                screening limits and risk specific doses
                                that are lower than the federal limits
                                and doses.
401 KAR 39:090, Section 5....  Kentucky is more stringent than the
                                federal program at 40 CFR 264.18(b) and
                                270.14(b)(11)(ii) by establishing
                                additional requirements for facilities
                                located in flood plains.
401 KAR 39:090, Section 7(12)  Kentucky is more stringent than the
                                federal program by requiring that an
                                insurer, upon request, must provide the
                                Cabinet a duplicate copy of any
                                insurance policy being used for
                                financial assurance.
401 KAR 39:090, Section 8 and  Kentucky is more stringent than the
 Sections 8(1)-(7) (excluding   federal program at 40 CFR 264.101 by
 the fee provisions).           including more specific corrective
                                action requirements.
401 KAR 39:090, Section 9(2).  Kentucky is more stringent than the
                                federal program by requiring that any
                                reports or information required to be
                                submitted to EPA must also be submitted
                                to the Cabinet.
401 KAR 39:090, Section 9(15)  Kentucky is more stringent than the
                                federal program by prohibiting waste,
                                used oil, or material contaminated with
                                dioxins or hazardous wastes to be used
                                as a dust suppressant.
401 KAR 39:090, Section 9(16)  Kentucky is more stringent than the
                                federal program by requiring that the
                                import and export notifications
                                referenced in 40 CFR 264.12(a) and
                                265.12(a) be submitted to both EPA and
                                the Cabinet.
401 KAR 39:090, Section 9(17)  Kentucky is more stringent than the
                                federal program at 40 CFR 264.75 and
                                265.75 by requiring annual reporting, as
                                opposed to biennial reporting, and by
                                requiring owners and operators of
                                treatment, storage, and disposal
                                facilities to submit a Hazardous Waste
                                Annual Report Addendum, DWM 7072A, in
                                addition to EPA Form 8700-13 A/B.
------------------------------------------------------------------------

    The Kentucky regulations also include several State requirements 
that go beyond the scope of the federal program. These requirements are 
not being authorized and are therefore not included in Table 2 above. 
Broader-in-scope requirements are not 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 RCRA 
requirements. These broader-in-scope requirements are set forth in 
Table 4 below:

                                 Table 4
------------------------------------------------------------------------
  Kentucky broader in scope
          provisions                          Explanation
------------------------------------------------------------------------
401 KAR 39:005, Section 1....  Kentucky is broader in scope than the
                                federal program to the extent that
                                certain Kentucky defined terms apply to
                                wastes that are not hazardous under the
                                federal program.
401 KAR 39:060, Sections 2(4)  Kentucky is broader in scope than the
 and (5).                       federal program at 40 CFR 260.22 by
                                requiring payment of a fee for delisting
                                petitions and by requiring compliance
                                with Kentucky's solid waste regulations
                                for the excluded wastes.
401 KAR 39:060, Section 3(4).  Kentucky is broader in scope than the
                                federal program at 40 CFR part 261,
                                subpart D, by including additional
                                listed hazardous wastes.
401 KAR 39:060, Section        Kentucky is broader in scope than the
 3(9)(b).                       federal program in its reference to
                                special wastes being exempt from
                                Kentucky's hazardous waste management
                                fund.
401 KAR 39:060, Section 5(3).  Kentucky is broader in scope than the
                                federal program at 40 CFR part 124 by
                                requiring the permit applicant to
                                reimburse the Cabinet for the costs of
                                newspaper advertisements, duplication,
                                and postage for public notices or
                                distributions to a mailing list.
401 KAR 39:060, Sections 5(8)  Kentucky is broader in scope than the
 and (9).                       federal program at 40 CFR parts 124 and
                                270 by requiring additional approvals
                                and determinations prior to the granting
                                of a permit.
401 KAR 39:060, Section 5(14)  Kentucky is broader in scope than the
                                federal program at 40 CFR 270.10 by
                                requiring the permit applicant to submit
                                additional background and compliance
                                information.
401 KAR 39:060, Sections       Kentucky is broader in scope than the
 5(15) and (16).                federal program at 40 CFR 270.14(b)(11)
                                and 264.18 by requiring the permit
                                applicant to evaluate surface and
                                subsurface topography for solution or
                                karst terrain and by requiring the
                                submittal of liner test data.
401 KAR 39:060, Section 6(16)  Kentucky is broader in scope than the
                                federal program by requiring permit
                                applicants to pay certain fees.
401 KAR 39:080, Sections       Kentucky is broader in scope than the
 1(7)(a)2.-3. and (7)(b).       federal program by requiring generators
                                to receive written approval from the
                                Cabinet prior to treating hazardous
                                waste on site.
401 KAR 39:080, Section        Kentucky is broader in scope than the
 1(8)(b).                       federal program by requiring additional
                                reporting to local county governments by
                                generators.

[[Page 47866]]

 
401 KAR 39:090, Section 6....  The additional chemical demilitarization
                                requirements for Kentucky-specific
                                listed wastes are broader in scope than
                                the federal program.
401 KAR 39:090, Sections       Although the additional corrective action
 8(2), 8(4)(b), and 8(5)(b).    requirements at 401 KAR 39:090, Section
                                8, are more stringent, the fee
                                provisions included in those
                                requirements are broader in scope than
                                the federal program.
401 KAR 39:090, Section 8(8).  Kentucky is broader in scope than the
                                federal program at 40 CFR 264.113 by
                                requiring facilities to close if they
                                are not operated for six months.
------------------------------------------------------------------------

    The Kentucky hazardous waste regulations also include several 
additional provisions that, although relevant to the State's 
implementation of its program, are outside the scope of authorization 
and are therefore not listed above. These provisions include the 
following: 401 KAR 39:060, Section 1; 401 KAR 39:060, Section 3(8); 401 
KAR 39:060, Sections 5(2), (4)-(5), and (10); 401 KAR 39:060, Sections 
6(2)-(9), (13)-(15), and (17)-(25); 401 KAR 39:060, Section 7; 401 KAR 
39:080, Section 1(12); 401 KAR 39:080, Section 4(6) (to the extent this 
section incorporates U.S. Department of Transportation regulations) and 
(8)-(9); 401 KAR 39:080, Sections 5(2)-(5); 401 KAR 39:080, Section 6; 
401 KAR 39:090, Section 7(10); 401 KAR 39:090, Sections 9(3)-(13), 
(18)-(22), and (24). In addition, the entirety of 401 KAR 39:120, which 
includes fee provisions and permit review and determination timetables, 
is either broader in scope or outside the scope of this authorization.
    EPA cannot delegate certain federal requirements associated with 
the land disposal restrictions at 40 CFR 268.5, 268.13, 268.40(b), 
268.42(b), and 268.44(a)-(g). Kentucky has properly adopted these 
requirements and appropriately preserved the EPA's authority to 
implement them (see 401 KAR 39:060, Section 4, and 401 KAR 39:005, 
Section 1(2)(b)).
    EPA cannot delegate certain federal requirements associated with 
the federal manifest registry system, the electronic manifest system, 
and international shipments (i.e., import and export provisions). 
Kentucky has adopted these requirements and appropriately preserved the 
EPA's authority to implement them (see 401 KAR 39:005, Section 1(2), 
(23), and (58)).

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

    Kentucky will issue permits for 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 
which EPA issued prior to the effective date of authorization until the 
State incorporates equivalent conditions from the federal permits into 
the State permits and the federal permits are terminated or expire. EPA 
will not issue any new permits or new portions of permits for the 
provisions listed in Table 1 above after the effective date of the 
final authorization. EPA will implement and issue permits for any 
future HSWA requirements for which Kentucky is not yet authorized until 
Kentucky adopts and becomes authorized for those requirements.

I. What is codification and will EPA codify Kentucky's hazardous waste 
program as proposed in this rule?

    Codification is the process of placing 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 
referencing the authorized State rules in 40 CFR part 272. EPA is not 
proposing to codify the authorization of Kentucky's changes at this 
time. However, EPA reserves the amendment of 40 CFR part 272, subpart 
S, for the authorization of Kentucky's program changes at a later date.

J. 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 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 
Kentucky'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

[[Page 47867]]

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, 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: August 30, 2018.
Onis Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-20533 Filed 9-20-18; 8:45 am]
 BILLING CODE 6560-50-P


