[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Rules and Regulations]
[Pages 29839-29843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08990]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2023-0042; FRL-10671-02-R4]


South Carolina: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action on the authorization of South Carolina's changes to its 
hazardous waste program under the Resource Conservation and Recovery 
Act (RCRA), as amended. These changes were outlined in a September 26, 
2022, application to the EPA. We have determined that these changes 
satisfy all requirements needed for final authorization.

DATES: This authorization is effective on July 10, 2023 without further 
notice

[[Page 29840]]

unless the EPA receives adverse comment by June 8, 2023. If the EPA 
receives adverse comment, we will publish a timely withdrawal of this 
direct final action in the Federal Register informing the public that 
the authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2023-0042, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from www.regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The EPA encourages electronic submittals and lists all publicly 
available docket materials electronically at www.regulations.gov. If 
you are unable to make electronic submittals or require alternative 
access to docket materials, please notify Leah Davis through the 
provided contacts in the FOR FURTHER INFORMATION CONTACT section. 
Please also contact Leah Davis if you need assistance in a language 
other than English or if you are a person with disabilities who needs a 
reasonable accommodation at no cost to you.

FOR FURTHER INFORMATION CONTACT: Leah Davis; RCRA Programs and Cleanup 
Branch; Land, Chemicals and Redevelopment Division; U.S. Environmental 
Protection Agency; Atlanta Federal Center, 61 Forsyth Street SW, 
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8562; fax 
number: (404) 562-9964; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Why is the EPA using a direct final action?

    The EPA is publishing this action without a prior proposed rule 
because we view this as a noncontroversial action and anticipate no 
adverse comment. This action is a routine program change. However, in 
the ``Proposed Rules'' section of this issue of the Federal Register, 
we are publishing a separate document that will serve as the proposed 
rule allowing the public an opportunity to comment. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. For further 
information about commenting on this action, see the ADDRESSES section 
of this document.
    If the EPA receives comments that oppose this authorization, we 
will withdraw this action by publishing a document in the Federal 
Register before the action becomes effective. The EPA will base any 
further decision on the authorization of the State program changes on 
the proposal mentioned in the previous paragraph. We will then address 
all public comments in a later final action.

II. Why are revisions to state programs necessary?

    States that have received final authorization from the EPA under 
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal program. As the Federal program changes, 
states must change their programs and ask the EPA to authorize the 
changes. Changes to state programs may be necessary when Federal or 
state statutory or regulatory authority is modified or when certain 
other changes occur. Most commonly, states must change their programs 
because of changes to the EPA's regulations in 40 Code of Federal 
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal 
regulations that the EPA promulgates pursuant to the Hazardous and 
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states 
at the same time they take effect in unauthorized states. Thus, the EPA 
will implement those requirements and prohibitions in South Carolina, 
including the issuance of new permits implementing those requirements, 
until the State is granted authorization to do so.

III. What decisions has the EPA made in this action?

    South Carolina submitted a complete program revision application 
(PRA), dated September 26, 2022, seeking authorization of changes to 
its hazardous waste program corresponding to certain Federal rules 
promulgated between July 1, 2018, and June 30, 2021 (including RCRA 
Clusters \1\ XXVII, XXVIII, and XXIX). Additionally, South Carolina's 
PRA seeks authorization for certain provisions that had been excluded 
from previously authorized checklists \2\ in Clusters XV (Checklist 207 
only), XXIV (Checklist 233 only), and XXV (Checklist 237 only). The EPA 
concludes that South Carolina's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established under RCRA, as set forth in RCRA section 3006(b), 42 U.S.C. 
6926(b), and 40 CFR part 271. Therefore, the EPA grants South Carolina 
final authorization to operate its hazardous waste program with the 
changes described in the authorization application, and as outlined 
below in Section VI of this document.
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    \1\ A ``cluster'' is a grouping of hazardous waste rules that 
the EPA promulgates from July 1st of one year to June 30th of the 
following year.
    \2\ A ``checklist'' is developed by the 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.
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    South Carolina has responsibility for permitting treatment, 
storage, and disposal facilities within its borders (except in Indian 
country, as defined at 18 U.S.C. 1151) and for carrying out the aspects 
of the RCRA program described in its program revision application, 
subject to the limitations of HSWA, as discussed above.

IV. What is the effect of this authorization decision?

    The effect of this decision is that the changes described in South 
Carolina's authorization application will become part of the authorized 
State hazardous waste program and will therefore be federally 
enforceable. South Carolina will continue to have primary enforcement 
authority and responsibility for its State hazardous waste program. The 
EPA will maintain its authorities under RCRA sections 3007, 3008, 3013, 
and 7003, including its authority to:
     Conduct inspections, and require monitoring, tests, 
analyses, and reports;
     Enforce RCRA requirements, including authorized State 
program requirements, and suspend or revoke permits; and
     Take enforcement actions regardless of whether the State 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which the EPA is

[[Page 29841]]

authorizing South Carolina are already effective under State law and 
are not changed by this action.

V. What has South Carolina previously been authorized for?

    South Carolina initially received final authorization on November 
8, 1985, effective November 22, 1985 (50 FR 46437), to implement the 
RCRA hazardous waste management program. The EPA granted authorization 
for changes to South Carolina's program on the following dates: 
September 8, 1988, effective November 7, 1988 (53 FR 34758); February 
10, 1993, effective April 12, 1993 (58 FR 7865); November 29, 1994, 
effective January 30, 1995 (59 FR 60901); April 26, 1996, effective 
June 25, 1996 (61 FR 18502); October 4, 2000, effective December 4, 
2000 (65 FR 59135); August 21, 2001, effective October 22, 2001 (66 FR 
43798); September 2, 2003, effective November 3, 2003 (68 FR 52113); 
February 9, 2005, effective April 11, 2005 (70 FR 6765); March 28, 
2005, effective May 27, 2005 (70 FR 15594); and November 20, 2020, 
effective November 20, 2020 (85 FR 74265).

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

    South Carolina submitted a complete program revision application, 
dated September 26, 2022, seeking authorization of changes to its 
hazardous waste management program in accordance with 40 CFR 271.21. 
This application included changes associated with Checklists 240, 241, 
242, and 243 from RCRA Clusters XXVII, XXVIII, and XIX. South Carolina 
was previously authorized for Checklists 207, 233B, 233D2, 233E, and 
237 in the November 20, 2020, Final Authorization (85 FR 74265); 
however certain provisions of the Federal rules associated with these 
checklists were excluded from authorization due to omissions or errors 
that the EPA deemed substantive. South Carolina has corrected these 
errors and omissions and has submitted these corrected provisions for 
authorization in this application. The EPA has determined, subject to 
receipt of written comments that oppose this action, that South 
Carolina's hazardous waste program revisions are equivalent to, 
consistent with, and no less stringent than the Federal program, and 
therefore satisfy all of the requirements necessary to qualify for 
final authorization. Therefore, the EPA grants final authorization to 
South Carolina for the following program changes:

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   Description of Federal requirement     Federal Register date and page       Analogous state authority \1\
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Checklist 207, Uniform Hazardous Waste   70 FR 10776, 3/4/2005...........  R.61-79.262.21(f)(4).\3\
 Manifest Rule \2\.
Checklist 233B, Revisions to the         80 FR 1694, 1/13/2015; 83 FR      R.61-79.261.2(a)(2)(ii) [reserved].
 Definition of Solid Waste--Legitimacy-   24664, 5/30/2018.
 related Provisions, Including
 Prohibition of Sham Recycling,
 Definition of Legitimacy, Definition
 of Contained \2\.
Checklist 233D2, Revisions to the                                          R.61-79.261.2(c)(4) Table 1 and R.61-
 Definition of Solid Waste--2008 DSW                                        79.270.42 Entries 9 and 10, Section
 Exclusions and Non-Waste                                                   A (Appendix 1).
 Determinations Including Revisions
 From 2015 DSW Final Rule \2\.
Checklist 233E, Revisions to the                                           R.61-79.261.2(c)(4) Table 1.
 Definition of Solid Waste--
 Remanufacturing Exclusion \2\.
Checklist 237, Hazardous Waste           81 FR 85732, 11/28/2016.........  R.61-79.261.420(g).
 Generator Improvements Rule \2\.
Checklist 240, Safe Management of        83 FR 61552, 11/30/2018.........  R.61-79.260.10; R.61-79.261.4(i)
 Recalled Airbags.                                                          [reserved]; R.61-79.261.4(j)(1)-(3);
                                                                            R.61-79.262.14(a)(5)(ix).
Checklist 241, Management Standards for  84 FR 5816-5950, 2/22/2019......  R.61-79.261.4(a)(1)(ii); R.61-
 Hazardous Waste Pharmaceuticals and                                        79.261.7(c); R.61-79.261.33(c)
 Amendment to the P075 Listing for                                          (including Comment) and (e) Table;
 Nicotine.                                                                  R.61-79.262.10(m)-(n); R.61-
                                                                            79.262.13(c)(9); R.61-
                                                                            79.262.14(a)(5)(ix)-(x); R.61-
                                                                            79.264.1(g)(13); R.61-
                                                                            79.265.1(c)(16); R.61.-79.266.500
                                                                            through R.61-79.266.510 [Addition of
                                                                            Subpart P]; R.61-79.268.7 Heading;
                                                                            R.61-79.268.50(a) and (a)(4)-(5);
                                                                            R.61-79.270.1(c)(2)(x); R.61-
                                                                            79.273.80(a) and (d).
Checklist 242, Universal Waste           84 FR 67202, 12/9/2019..........  R.61-79.260.10; R.61-79.261.9(c)-(e);
 Regulations: Addition of Aerosol Cans.                                     R.61-79.264.1(g)(11)(iii)-(v); R.61-
                                                                            79.265.1(c)(14)(iii)-(v); R.61-
                                                                            79.268.1(f)(3)-(5); R.61-
                                                                            79.270.1(c)(2)(viii)(C)-(E); R.61-
                                                                            79.273.1(a)(3)-(5); R.61-
                                                                            79.273.3(b)(2); R.61-79.273.6(a)-
                                                                            (c), including (c)(1)-(2), R.61-
                                                                            79.273.9; R.61-79.273.13(c)(2)(iii)-
                                                                            (iv) and (e), including (e)(1)-(4);
                                                                            R.61-79.273.14(f); R.61-
                                                                            79.273.32(b)(4); R.61-
                                                                            79.273.33(c)(2)(iii)-(iv) and (e),
                                                                            including (e)(1)-(4); R.61-
                                                                            79.273.34(f).
Checklist 243, Modernizing Ignitable     85 FR 40594, 7/7/2020...........  R.61-79.260.11(a)-(e), including
 Liquids Determinations.                                                    (e)(1)-(2); R.61-79.261.21(a)(1),
                                                                            (a)(3)(ii)(A)-(D), (a)(4),
                                                                            (a)(4)(i)(A), (a)(4)(i)(D), and
                                                                            Appendix IX to Part 261.
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Notes
\1\ The South Carolina regulatory citations are from the South Carolina Hazardous Waste Management Regulations,
  S.C. Code Ann. Regs. 61-79.260-273, effective May 27, 2022.
\2\ South Carolina was authorized for this Checklist as a part of the Final Authorization effective November 20,
  2020, (85 FR 74265). The provisions listed for this entry were previously excluded from the November 20, 2020
  (85 FR 74265) Final Authorization due to an omission or error which was deemed substantive. South Carolina is
  submitting revisions to these provisions and the EPA is authorizing these individual provisions here.
\3\ There are certain regulatory provisions for which the states cannot be authorized to administer or
  implement. These provisions include the requirements associated with the Federal manifest registry system
  (Section 262.21) contained within the Uniform Hazardous Waste Manifest Rule (Checklist 207).


[[Page 29842]]

VII. Where are the revised state rules different than the Federal 
rules?

    When revised state rules differ from the Federal rules in the RCRA 
state authorization process, the EPA determines whether the state rules 
are equivalent to, more stringent than, or broader in scope than the 
Federal program. Pursuant to RCRA section 3009, 42 U.S.C. 6929, state 
programs may contain requirements that are more stringent than the 
Federal regulations. Such more stringent requirements can be federally 
authorized and, once authorized, become federally enforceable. Although 
the statute does not prevent states from adopting regulations that are 
broader in scope than the Federal program, states cannot receive 
Federal authorization for such regulations, and they are not federally 
enforceable. There are no State requirements in the program revisions 
listed in the table above that are considered to be more stringent or 
broader in scope than the Federal requirements.

VIII. Who handles permits after the authorization takes effect?

    When final authorization takes effect, South Carolina will issue 
permits for all the provisions for which it is authorized and will 
administer the permits it issues. The EPA will continue to administer 
any RCRA hazardous waste permits or portions of permits that the EPA 
issued prior to the effective date of authorization until they expire 
or are terminated. The EPA will not issue any new permits or new 
portions of permits for the provisions listed in the table above after 
the effective date of the final authorization. The EPA will continue to 
implement and issue permits for HSWA requirements for which South 
Carolina is not yet authorized. The EPA has the authority to enforce 
State-issued permits after the State is authorized.

IX. How does this action affect Indian country in South Carolina?

    South Carolina is not authorized to carry out its hazardous waste 
program in Indian country within the State, which includes the Indian 
lands associated with the Catawba Indian Nation. Therefore, this action 
has no effect on Indian country. The EPA retains jurisdiction over 
Indian country and will continue to implement and administer the RCRA 
program on these lands.

X. What is codification and is the EPA codifying South Carolina's 
hazardous waste program as authorized in this action?

    Codification is the process of placing citations and references to 
the State's statutes and regulations that comprise the State's 
authorized hazardous waste program into the Code of Federal 
Regulations. The EPA does this by adding those citations and references 
to the authorized State rules in 40 CFR part 272. The EPA is not 
codifying the authorization of South Carolina's revisions at this time. 
However, the EPA reserves the ability to amend 40 CFR part 272, subpart 
PP, for the authorization of South Carolina's program changes at a 
later date.

XI. 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 authorizes 
State requirements for the purpose of RCRA section 3006 and imposes no 
additional requirements beyond those imposed by State law. Therefore, 
this action is not subject to review by OMB. I certify that this action 
will not have a significant economic impact on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). Because this action authorizes pre-existing requirements under 
State law and does not impose any additional enforceable duty beyond 
that required by State law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same 
reason, this action also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000). This action will not have 
substantial direct effects on the states, on the relationship between 
the National Government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely authorizes State requirements as part of the State 
RCRA hazardous waste program without altering the relationship or the 
distribution of power and responsibilities established by RCRA. This 
action also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant and it does not 
make decisions based on environmental health or safety risks. This 
action is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001), because it is not a significant 
regulatory action under Executive Order 12866.
    Under RCRA section 3006(b), the EPA grants a state's application 
for authorization as long as the state meets the criteria required by 
RCRA. It would thus be inconsistent with applicable law for the EPA, 
when it reviews a state authorization application, to require the use 
of any particular voluntary consensus standard in place of another 
standard that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this action, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. The EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988), by 
examining the takings implications of this action in accordance with 
the ``Attorney General's Supplemental Guidelines for the Evaluation of 
Risk and Avoidance of Unanticipated Takings'' issued under the 
Executive order. This action does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). 
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. Because this action authorizes pre-
existing State rules which are at least equivalent to, and no less 
stringent than existing Federal requirements, and imposes no additional 
requirements beyond those imposed by State law, and there are no 
anticipated significant adverse human health or environmental

[[Page 29843]]

effects, this action is not subject to Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this document 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication 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). This 
final action will be effective July 10, 2023.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

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

    Dated: March 30, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2023-08990 Filed 5-8-23; 8:45 am]
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