[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Proposed Rules]
[Pages 27057-27061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12180]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2018-0375; FRL-9994-74-Region 5]


Ohio: Proposed Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Ohio 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 Ohio'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 July 11, 2019.

ADDRESSES: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Email: gromnicki.jean@epa.gov.
     Fax: (prior to faxing, please notify the EPA contact 
listed below).
     Mail: Jean Gromnicki, Ohio Regulatory Specialist, LR-17J, 
U.S. EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery or Courier: Deliver your comments to Jean 
Gromnicki, LR-17J, U.S. EPA, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. Such deliveries are only accepted during the 
Regional Office's normal hours of operation.
    Instructions: EPA must receive your comments by July 11, 2019. 
Direct your comments to Docket ID Number EPA-R05-RCRA-2018-0375. EPA's 
policy is that all comments received will be included 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 www.regulations.gov, or email. 
The federal www.regulations.gov website 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 
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 
www.regulations.gov,

[[Page 27058]]

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 in 
www.regulations.gov, or in hard copy.
    You can view and copy Ohio's application and associated publicly 
available materials from 9:00 a.m. to 4:00 p.m. at the following 
locations: U.S. EPA Region 5, LR-17J, 77 West Jackson Boulevard, 
Chicago, Illinois, contact: Jean Gromnicki (312) 886-6162; or Ohio 
Environmental Protection Agency, Lazarus Government Center, 50 West 
Town Street, Suite 700, Columbus, Ohio, contact: Katherine (Kit) Arthur 
(614) 644-2932.
    Submit your comments, identified by Docket ID No. EPA-R05-RCRA-
2018-0375 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from www.regulations.gov. EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be 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: Jean Gromnicki, Ohio Regulatory 
Specialist, U.S. EPA Region 5, LR-17J, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6162, email: gromnicki.jean@epa.gov.

SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

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

B. What decisions has EPA made in this rule?

    On February 19, 2019, Ohio submitted a complete program revision 
application seeking authorization of changes to its hazardous waste 
program that correspond to certain Federal rules promulgated between 
July 1, 1987 and June 30, 2015 (including RCRA Clusters II and XXI 
through XXIV). EPA concludes that Ohio's application to revise its 
authorized program meets all of the statutory and regulatory 
requirements established under RCRA, as set forth in RCRA section 
3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA 
proposes to grant Ohio final authorization to operate its hazardous 
waste program with the changes described in the authorization 
application, and as outlined below in Section F of this document.
    Ohio has responsibility for permitting treatment, storage, and 
disposal facilities within its borders (except in Indian country) and 
for carrying out the aspects of the RCRA program described in its 
revised program application, subject to the limitations of HSWA, as 
discussed above.

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

    If Ohio is authorized for the changes described in Ohio's 
authorization application, these changes will become part of the 
authorized State hazardous waste program, and will therefore be 
federally enforceable. Ohio will continue to have primary enforcement 
authority and responsibility for its State hazardous waste program. EPA 
would maintain its authorities under RCRA sections 3007, 3008, 3013, 
and 7003, including its authority to:
     Conduct inspections, and require monitoring, tests, 
analyses and reports;
     Enforce RCRA requirements, including authorized State 
program requirements, and suspend or revoke permits; and
     Take enforcement actions regardless of whether the State 
has taken its own actions.
    This action will not impose additional requirements on the 
regulated community because the regulations which EPA is proposing to 
authorize Ohio are already effective under state law, and are not 
changed by today's proposed action.

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

    If EPA receives comments on this proposed action, we will address 
all such comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you should do so at this time.

E. What has Ohio previously been authorized for?

    Ohio initially received final authorization on June 28, 1989, 
effective June 30, 1989 (54 FR 27170, June 28, 1989) to implement the 
RCRA hazardous waste management program. Subsequently the EPA granted 
authorization for changes to the Ohio program effective June 7, 1991 
(56 FR 14203, April 8, 1991) as corrected June 19, 1991, effective 
August 19, 1991 (56 FR 28088); effective September 25, 1995 (60 FR 
38502. July 27, 1995); effective December 23, 1996 (61 FR 54950, 
October 23, 1996); effective January 24, 2003 (68 FR 3429, January 24, 
2003); effective January 20, 2006 (71 FR 3220, January 20, 2006); 
effective October 29, 2007 (72 FR 61063, October 29, 2007); effective 
March 19, 2012 (77 FR 25966, March 19, 2012), and effective February 
12, 2018 (83 FR 5948, February 12, 2018).

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

    On February 19, 2019, Ohio submitted a final complete program 
revision application, seeking authorization of changes to its hazardous 
waste management program in accordance with 40 CFR 271.21. EPA proposes 
to determine, subject to receipt of written comments that oppose this 
action, that Ohio'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

[[Page 27059]]

for final authorization. Therefore, EPA is proposing to authorize Ohio 
for the following program changes:

           Table 1--Ohio's Analogs to the Federal Requirements
------------------------------------------------------------------------
    Description of Federal       Federal Register     Analogous state
          Requirement             date and page          authority
------------------------------------------------------------------------
Permit as a Shield Provision    December 1, 1987,  OAC 3745-50-49;
 Checklist 44 E.                 52 FR 45788.       effective February
                                                    12, 2018.
Withdrawal of Expansion of      June 15, 2010, 75  OAC 3745-51-04, 3745-
 Comparable Fuel Exclusion       FR 33712.          51-38 rescind;
 Checklist 224.                                     effective October
                                                    31, 2015.
Removal of Saccharin and its    December 17,       OAC 3745-51-11, 3745-
 Salts from the Lists of         2010, 75 FR        51-33, 3745-270-40;
 Hazardous Waste Constituents    78918.             effective October
 and Hazardous Wastes                               31, 2015.
 Checklist 225.
Technical Corrections;          December 20,       OAC 3745-52-200, 3745-
 Academic Laboratories           2010, 75 FR        52-206, 3745-52-212,
 Generator Standards Checklist   79304.             3745-52-214;
 226.                                               effective October
                                                    31, 2015.
Revision of the Land Disposal   June 13, 2011, 76  OAC 3745-270-40, 3745-
 Treatment Standards for         FR 34147.          270-48; effective
 Carbamate Wastes Checklist                         October 31, 2015.
 227.
Hazardous Waste Technical       April 13, 2012,    OAC 3745-51-32, 3745-
 Corrections and                 77 FR 22229.       266-20; effective
 Clarifications Rule Checklist                      March 24, 2017.
 228.
Conditional Exclusion for       July 31, 2013, 78  OAC 3745-50-10, 3745-
 Solvent-Contaminated Wipes      FR 46448.          51-04; effective
 Checklist 229.                                     October 31, 2015.
Conditional Exclusion for       January 3, 2014,   OAC 3745-50-10, 3745-
 Carbon Dioxide Streams in       79 FR 350.         51-04; effective
 Geologic Sequestration                             October 31, 2015.
 Activities Checklist 230.
Revision to the Export          June 26, 2014, 79  OAC 3745-50-10*, 3745-
 Provisions of the Cathode Ray   FR 36220.          51-39, 3745-51-41
 Tube Rule Checklist 232.                           rescinded, 3745-51-
                                                    41 new; effective
                                                    February 12, 2018.
Response to Vacatures of        April 8, 2015, 80  OAC 3745-50-10, 3745-
 Comparable Fuels Rule and the   FR 18777.          51-04, 3745-51-38
 Gasification Rule Checklist                        rescinded; effective
 234.                                               October 31, 2015.
------------------------------------------------------------------------


                                   Table 2--Equivalent State Initiated Changes
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Liners and leak detection systems for  FR January 29, 1992, 57  OAC 3745-50-49; effective February 12, 2018.
 HW land disposal units [permit         FR 3462.
 shield portion only] (on checklist
 100).
Organic air emission standards for     FR December 6, 1994, 59  OAC 3745-50-49; effective February 12, 2018.
 tanks, surface impoundments, &         FR 62896.
 containers [permit shield portion
 only] (on checklist 154.1).
Reorganization and name change for     FR June 25, 2009, 74 FR  OAC 3745-266-103; effective March 24, 2017.
 the Office of Solid Waste.             30228.
Hazardous waste technical corrections  FR March 18, 2010, 75    OAC 3745-50-49; effective February 12, 2018.
 and clarifications rule [permit        FR 12989.
 shield portion only] (on checklist
 223).
Guidelines establishing test           FR May 18, 2012, 77 FR   OAC 3745-50-11; effective October 31, 2015.
 procedures for the analysis of         29758.
 pollutants under the Clean Water
 Act; Analysis and sampling
 procedures.
Identification and listing;            FR June 20, 2014, 79 FR  OAC 3745-51-03; effective March 24, 2017.
 correction to 40 CFR 261.3.            35290.
Ohio Senate Bill 294 (129th General    Correcting ``annual''    OAC 3745-50-11, 3745-51-04, 3745-51-06;
 Assembly, Senator Schaffer).           to ``biennial'' for      effective October 31, 2015.
                                        some reporting
                                        requirements rules
                                        where the correction
                                        was not made
                                        previously.
Housekeeping.........................  Ohio's 72-hour           OAC 3745-51-06; effective October 31, 2015.
                                        recyclers rule.
Housekeeping.........................  Update or remove Ohio    OAC 3745-52-34, 3745-53-30, 3745-54-52, 3745-54-
                                        EPA division names,      56, 3745-65-56, 3745-279-42, 3745-279-43, 3745-
                                        address, and telephone   279-51, 3745-279-52, 3745-279-62, 3745-279-73;
                                        numbers after agency     effective October 31, 2015.
                                        reorganization.
Housekeeping.........................  Miscellaneous            OAC 3745-50-50, 3745-51-33, 3745-51-35, 3745-52-
                                        corrections (typos,      30, 3745-52-201, 3745-52-214, 3745-53-22, 3745-
                                        spelling, minor          53-31, 3745-54-37, 3745-54-52, 3745-56-27, 3745-
                                        stylistic changes,       56-59, 3745-56-83, 3745-57-17, 3745-57-90, 3745-
                                        etc.).                   65-37, 3745-65-52, 3745-69-40, 3745-266-108,
                                                                 3745-266-109, 3745-270-38, 3745-270-40, 3745-
                                                                 273-05, 3745-273-09, 3745-273-39, 3745-273-62;
                                                                 effective October 31, 2015.

[[Page 27060]]

 
Five-year review rules (2015)........  Ohio Rules Reviewed per  OAC 3745-50-10, 3745-50-11, 3745-50-20, 3745-50-
                                        5-year review            21, 3745-50-23, 3745-50-30 rescinded, 3745-50-
                                        requirements in Ohio     30 new, 3745-50-40, 3745-50-42, 3745-50-44,
                                        Revised Code section     3745-50-45, 3745-50-51, 3745-50-52, 3745-50-57,
                                        106.                     3745-50-62, 3745-50-66, 3745-50-235, 3745-51-
                                                                 04, 3745-51-05, 3745-51-06, 3745-51-08, 3745-51-
                                                                 10, 3745-51-11, 3745-51-20, 3745-51-21, 3745-51-
                                                                 22, 3745-51-24, 3745-52-21, 3745-52-34, 3745-52-
                                                                 200, 3745-52-206, 3745-52-212, 3745-53-30, 3745-
                                                                 54-01, 3745-54-13, 3745-54-15, 3745-54-18, 3745-
                                                                 54-53, 3745-54-54, 3745-54-56, 3745-54-70, 3745-
                                                                 54-73, 3745-54-76, 3745-55-18, 3745-55-43, 3745-
                                                                 55-96, 3745-65-01, 3745-65-13, 3745-65-15, 3745-
                                                                 65-53, 3745-65-56, 3745-65-70, 3745-65-73, 3745-
                                                                 65-76, 3745-66-41, 3745-66-93, 3745-66-95, 3745-
                                                                 66-96, 3745-256-100, 3745-256-101, 3745-266-23,
                                                                 3745-266-100, 3745-266-102, 3745-266-104, 3745-
                                                                 266-105, 3745-266-106, 3745-266-107, 3745-266-
                                                                 111, 3745-266-201, 3745-266-202, 3745-266-203,
                                                                 3745-266-205, 3745-266-210, 3745-266-260, 3745-
                                                                 270-48, 3745-279-42, 3745-279-43, 3745-279-51,
                                                                 3745-279-52, 3745-279-62, 3745-279-73;
                                                                 effective October 31, 2015.
Housekeeping.........................  Miscellaneous            OAC 3745-266-20, 3745-270-07; effective March
                                        corrections (typos,      24, 2017.
                                        spelling, minor
                                        stylistic changes,
                                        etc.).
Five-year review rules (2017)........  Ohio Rules Reviewed per  OAC 3745-50-01, 3745-50-19, 3745-50-39, 3745-50-
                                        5-year review            41, 3745-50-43, 3745-50-53, 3745-50-54, 3745-50-
                                        requirements in Ohio     56, 3745-51-03, 3745-51-31, 3745-51-32, 3745-52-
                                        Revised Code section     11, 3745-52-12, 3745-52-203, 3745-52-204, 3745-
                                        106.                     52-209, 3745-52-210, 3745-52-211, 3745-52-215,
                                                                 3745-55-42, 3745-55-44, 3745-55-45, 3745-55-47,
                                                                 3745-55-95, 3745-55-98, 3745-57-74, 3745-65-90,
                                                                 3745-65-92, 3745-65-93, 3745-66-12, 3745-66-42,
                                                                 3745-66-43, 3745-66-44, 3745-66-45, 3745-66-47,
                                                                 3745-66-98, 3745-66-101, 3745-67-24, 3745-67-
                                                                 59, 3745-68-03, 3745-69-30, 3745-205-100, 3745-
                                                                 205-101, 3745-266-103, 3745-270-09, 3745-270-
                                                                 42, 3745-279-01, 3745-279-81; effective March
                                                                 24, 2017.
Housekeeping.........................  Miscellaneous            OAC 3745-51-41 rescinded, 3745-51-41 new, 3745-
                                        corrections (typos,      52-23, 3745-54-76, 3745-54-93, 3745-56-71, 3745-
                                        spelling, minor          56-72, 3745-56-76, 3745-65-76, 3745-66-77, 3745-
                                        stylistic changes,       67-30, 3745-67-57, 3745-67-82, 3745-68-13, 3745-
                                        etc.).                   266-101; effective February 12, 2018.
Five-year review rules (2018)........  Ohio Rules Reviewed per  OAC 3745-50-10,* 3745-50-28, 3745-50-46, 3745-50-
                                        5-year review            49, 3745-50-58, 3745-51-01, 3745-51-02, 3745-51-
                                        requirements in Ohio     07, 3745-51-23, 3745-51-39, 3745-51-40, 3745-51-
                                        Revised Code section     41 new, 3745-52-10, 3745-52-12, 3745-52-41,
                                        106.                     3745-52-50, 3745-52-60, 3745-52-205, 3745-53-
                                                                 10, 3745-53-11 rescinded, 3745-53-11 new, 3745-
                                                                 53-20 rescinded, 3745-53-20 new, 3745-54-12,
                                                                 3745-54-16, 3745-54-71, 3745-54-77, 3745-54-93,
                                                                 3745-54-94, 3745-54-99, 3745-55-74, 3745-57-91,
                                                                 3745-65-12, 3745-65-16, 3745-65-33, 3745-65-71,
                                                                 3745-65-77, 3745-65-94, 3745-66-74, 3745-266-
                                                                 70, 3745-266-80, 3745-266-101, 3745-266-200,
                                                                 3745-270-05, 3745-270-06, 3745-270-44, 3745-273-
                                                                 08, 3745-273-20, 3745-273-40, 3745-273-56, 3745-
                                                                 273-70; effective February 12, 2018.
----------------------------------------------------------------------------------------------------------------
* Although rule 3745-50-10 of the Ohio Administrative Code, as effective February 12, 2018, is included in
  Ohio's request for authorization in ARA 10, Ohio is not seeking authorization for the following provisions
  that went into the rule on that date regarding Ohio-specific universal wastes (these provisions are not in the
  federal counterpart 40 CFR 260.10 and are Broader in Scope): 3745-50-10 ``Paint-related waste'' definition;
  3745-50-10 ``Small quantity handler of universal waste'' definition; 3745-50-10 in ``Universal waste''
  definition, paragraphs (e) through (e)(iii); 3745-50-10 in ``Universal waste handler'' definition; 3745-50-10
  ``Universal waste satellite accumulation area'' definition.

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

    Ohio has excluded the non-delegable federal requirements at 40 CFR 
268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to 
implement those requirements. Only recently receiving the statutory 
authority, Ohio has not adopted the rules for Subparts AA, BB and CC of 
40 CFR part 264. Until Ohio is authorized for such rules, the federal 
rules at 40 CFR part 264 subpart AA, BB and CC and Part 265 subpart AA, 
BB and CC, which are promulgated under HSWA, still apply in Ohio.

Broader in Scope Rules

    Ohio has added three new types of Universal Waste (UW) to their 
existing UW Rule. They are Paint and Paint-Related Waste, Antifreeze 
and Non-Empty Aerosol Containers that are not already regulated as 
hazardous waste. Since Ohio is adding universal wastes EPA does not 
regulate under RCRA subtitle C, these additions are considered broader 
in scope and, as noted above, Ohio is not seeking authorization for 
them.

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

    When the Final Authorization takes effect, Ohio 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 issues prior 
to the effective date of the proposed authorization until they expire 
or are terminated. 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 authorization. EPA will continue to

[[Page 27061]]

implement and issue permits for HSWA requirements for which Ohio is not 
yet authorized. EPA has the authority to enforce state-issued permits 
after the State is authorized.

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

    Ohio is not authorized to carry out its hazardous waste program in 
Indian country within the State, which includes:
     All lands within the exterior boundaries of Indian 
reservations within or abutting the State of Ohio;
     Any land held in trust by the U.S. for an Indian tribe; 
and
     Any other land, whether on or off an Indian reservation, 
that qualifies as Indian country.
    Therefore, this action has no effect on Indian country. EPA retains 
jurisdiction over Indian country and will continue to implement and 
administer the RCRA program on these lands.

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

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

K. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes to 
authorize State requirements for the purpose of RCRA section 3006 and 
imposes no additional requirements beyond those 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 Ohio's 
revised hazardous waste program under RCRA are exempted under Executive 
Order 12866. Accordingly, I certify that this action will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this action proposes to authorize pre-existing requirements under State 
law and does not impose any additional enforceable duty beyond that 
required by State law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same 
reason, this action also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000). This action will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely proposes to authorize State requirements as part of 
the State RCRA hazardous waste program without altering the 
relationship or the distribution of power and responsibilities 
established by RCRA. This action also is not subject to Executive Order 
13045 (62 FR 19885, April 23, 1997), because it is not economically 
significant and it does not make decisions based on environmental 
health or safety risks. This action is not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) 
because it is not a significant regulatory action under Executive Order 
12866.
    Under RCRA section 3006(b), EPA grants a state's application for 
authorization as long as the state meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a state authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in proposing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of this action in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings'' issued under the executive 
order. This action does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). Executive 
Order 12898 (59 FR 7629, February 16, 1994) establishes federal 
executive policy on environmental justice. Its main provision directs 
federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States. Because this action proposes authorization of pre-
existing State rules which are at least equivalent to, and no less 
stringent than existing federal requirements, and imposes no additional 
requirements beyond those imposed by State law, and there are no 
anticipated significant adverse human health or environmental effects, 
this proposed rule is not subject to Executive Order 12898.

List of Subjects in 40 CFR Part 271

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

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


    Dated: May 21, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-12180 Filed 6-10-19; 8:45 am]
 BILLING CODE 6560-50-P


