
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Proposed Rules]
[Pages 46454-46458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21522]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R09-RCRA-2017-0523; FRL-9968-85-Region 9]


Arizona: Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Arizona has applied to the EPA for final authorization of 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). These changes correspond to certain federal 
rules promulgated between May 26, 1998 and July 28, 2006 (also known as 
RCRA Cluster VIII (checklist 167D) and Clusters IX through XVII). EPA 
has reviewed Arizona's application with regards to federal requirements 
and is proposing to authorize the state's changes.

DATES: Comments on this proposed rule be received by November 6, 2017.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R09-RCRA-2017-0523 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from 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 http://www2.epa.gov/dockets/commenting-epa-dockets. You may also view 
Arizona's application by contacting the Arizona Department of 
Environmental Quality Records Center at 602-771-4380, Monday through 
Friday: 8:30 a.m. to 4:30 p.m.

FOR FURTHER INFORMATION CONTACT: Laurie Amaro, U.S. Environmental 
Protection Agency, Region 9, Land Division, 75 Hawthorne Street (LND-1-
1), San Francisco, CA 94105, phone number: 415-972-3364, email: 
amaro.laurie@epa.gov.

SUPPLEMENTARY INFORMATION:

A. Why are revisions to state programs necessary?

    States which 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.

B. What decisions has EPA made in this rule?

    EPA concludes that Arizona's application to revise its authorized 
program meets all 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 Arizona final 
authorization to operate as part of its hazardous waste program the 
changes listed below in Section F of this document, as further 
described in the authorization application.
    Arizona 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 the 
Hazardous and Solid Waste Amendments of 1984 (HSWA).

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

    The effect of this decision is that the changes described in 
Arizona's authorization application will become part of the authorized 
state hazardous waste program, and therefore will be federally 
enforceable. Arizona will continue to have primary enforcement 
authority and responsibility for its state hazardous waste program. EPA 
retains 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 does not impose additional requirements on the 
regulated community because the regulations for which Arizona is being 
authorized by today's action are already effective, and are not changed 
by today's action.

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

    EPA will consider all comments received during the comment period 
and address all such comments in a final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you must do so at this time.

E. For what has Arizona previously been authorized?

    Arizona initially received final authorization on November 20, 1985 
to implement its base hazardous waste management program. Arizona 
received authorization for revisions to its program on August 6, 1991 
(56 FR 37290 effective October 7, 1991), July 13, 1992 (57 FR 30905 
effective September 11, 1992), November 23, 1992 (57 FR 54932 effective 
January 22, 1993), October 27, 1993 (58 FR 57745 effective December 27, 
1993), July18, 1995 (60 FR 36731 effective June 12, 1995), March 7, 
1997 (62 FR 10464 effective May 6, 1997), October 28, 1998 (63 FR 
57605-57608 effective December 28, 1998), and March 17, 2004 (69 FR 
12544 effective March 17, 2004), originally published on October 27, 
2000 (65 FR 64369).

F. What changes is EPA authorizing with today's action?

    Arizona submitted a final complete program revision application to 
EPA dated July 14, 2017 seeking authorization of changes to its 
hazardous waste program that correspond to certain federal rules 
promulgated between May 26, 1998 and July 28, 2006 (also known as RCRA 
Cluster VIII (Checklist 167D only) and

[[Page 46455]]

Clusters IX (Checklists 169 and 173-180) and Clusters X through XVII). 
EPA proposes to determine, subject to receipt of written comments that 
oppose this action, that Arizona's hazardous waste program revisions 
are equivalent to, consistent with, and no less stringent than the 
federal program, and therefore satisfy all the requirements necessary 
to qualify for final authorization. Accordingly, EPA proposes to grant 
Arizona final authorization for the following program changes:

Program Revision Changes for Federal Rules

    Arizona adopts by reference the federal RCRA regulations in effect 
January 29, 2007, at Arizona Administrative Code (AAC) Title 18, 
Chapter 8, Article 2 (AAC R18-8-260 through 280 effective September 30, 
2016). The federal requirements for which the State is being authorized 
are listed in the table below noting the Arizona Administrative 
Register (AAR) volume and page and the AAC implementing rule sections. 
An asterisks (*) after a checklist number indicates a rule which is 
optional for state adoption.

                 State Analogues to the Federal Program
------------------------------------------------------------------------
                                                       Analogous Arizona
     Description of Federal        Federal Register    Register (volume/
  requirement and checklist No.    volume, page and        page) and
     (* indicates optional)              date           administrative
                                                             code
------------------------------------------------------------------------
Mineral Processing Secondary      63 FR 28556, May    6 AAR 3093, AAC
 Materials Exclusion Rule.         26, 1998.           R18-8-261(A), R18-
 (Checklist 167 D *).                                  8-268, July 24,
                                                       2000.
Petroleum Refining Process        63 FR 42110,        6 AAR 3093, AAC
 Wastes Rule. (Checklist 169).     August 6, 1998.     R18-8-261, 266,
                                                       268, July 24,
                                                       2000.
Land Disposal Restrictions;       63 FR 51254,        6 AAR 3093, AAC
 Treatment Standards for Spent     September 24,       R18-8-268, July
 Potliners from Primary Aluminum   1998.               24, 2000.
 Reduction Rule (K088).
 (Checklist 173).
Post-Closure Permit Requirement   63 FR 56710,        6 AAR 3093, AAC
 and Closure Process Rule.         October 22, 1998.   R18-8-264, 265,
 (Checklist 174 *).                                    270, July 24,
                                                       2000.
HWIR-Media Rule. (Checklist 175   63 FR 65874,        6 AAR 3093, AAC
 *).                               November 30, 1998.  R18-8-260, 261,
                                                       264, 265, 268,
                                                       270(A), (T) and
                                                       (U), July 24,
                                                       2000.
Universal Waste Rule--Technical   63 FR 71225,        6 AAR 3093, AAC
 Amendments. (Checklist 176 *).    December 24, 1998.  R18-8-266, 273,
                                                       July 24, 2000.
Organic Air Emission Standards:   64 FR 3381,         6 AAR 3093, AAC
 Clarification and Technical       January 21, 1999.   R18-8-262, 264,
 Amendments Rule. (Checklist                           265, July 24,
 177).                                                 2000.
Petroleum Refining Process        64 FR 6806,         6 AAR 3093, AAC
 Wastes--Leachate Exemption        February 11, 1999.  R18-8-261, July
 Rule. (Checklist 178 *).                              24, 2000.
Land Disposal Restrictions Phase  64 FR 25408, May    6 AAR 3093, AAC
 IV: Treatment Standards for       11, 1999.           R18-8-261, 262,
 Wood Preserving Wastes, and                           268, July 24,
 Treatment Standards for Metal                         2000.
 Wastes, and Zinc Micronutrient
 Fertilizers, and Carbamate
 Treatment Standards, and K088
 Treatment Standards Rule.
 (Checklist 179).
Test Procedures for the Analysis  64 FR 26315, May    6 AAR 3093, AAC
 of Oil and Grease and Non-Polar   14, 1999.           R18-8-260, July
 Material Rule. (Checklist 180).                       24, 2000.
Universal Waste Rule: Specific    64 FR 36466, July   9 AAR 816, AAC R18-
 Provisions for Hazardous Waste    6, 1999.            8-260, 261, 264,
 Lamps Rule. (Checklist 181).                          265, 268, 270,
                                                       and 273, April
                                                       15, 2003.
Hazardous Air Pollutant           64 FR 52828,        9 AAR 816, AAC R18-
 Standards for Hazardous Waste     September 30,       8-260, 261, 264,
 Combustors Rule. (Checklist       1999.               265, 266, and
 182).                                                 270, April 15,
                                                       2003.
Hazardous Air Pollutant           64 FR 63209,        9 AAR 816, AAC R18-
 Standards for Hazardous Waste     November 19, 1999.  8-261 and 266,
 Combustors, Technical                                 April 15, 2003.
 Correction Rule. (Checklist
 182.1).
Land Disposal Restrictions Phase  64 FR 56469,        9 AAR 816, AAC R18-
 IV--Technical Corrections Rule.   October 20, 1999.   8-261, 262, and
 (Checklist 183).                                      268, April 15,
                                                       2003.
Accumulation Time for Waste       65 FR 12378, March  9 AAR 816, AAC R18-
 Water Treatment Sludges Rule.     8, 2000.            8-262, April 15,
 (Checklist 184 *).                                    2003.
Organobromine Production Wastes   65 FR 14472, March  9 AAR 816, AAC R18-
 Vacatur (Checklist 185 *).        17, 2000.           8-261 and 268,
                                                       April 15, 2003.
Amendments to Streamline the      65 FR 30886, May    10 AAR 4364, AAC
 NPDES Program Regulations;        15, 2000.           R18-8-270 and
 Round Two Rule. (Checklist 186).                      271, December 4,
                                                       2004.
Petroleum Refining Process        65 FR 36365, June   9 AAR 816, AAC R18-
 Wastes--Clarification             8, 2000.            8-261 and 268,
 (Checklist 187).                                      April 15, 2003.
Hazardous Air Pollutant           65 FR 42292, July   10 AAR, AAC 4364
 Standards--Technical              10, 2000. 66 FR     R18-8-261, 264
 Corrections. (Checklist 188 *).   24270, May 14,      and 270, December
                                   2001. 66 FR         4, 2004.
                                   35087, July 3,
                                   2001.
Chlorinated Aliphatics Listing    65 FR 67068,        10 AAR, AAC 4364
 and LDRs for Newly Identified     November 8, 2000.   R18-8-261 and
 Wastes. (Checklist 189).                              268, December 4,
                                                       2004.
Land Disposal Restrictions Phase  65 FR 81373,        10 AAR 4364, AAC
 IV--Deferral for PCBs in Soil.    December 26, 2000.  R18-8-268,
 (Checklist 190).                                      December 4, 2004.
Mixed Waste Rule. (Checklist 191  66 FR 27218, May    10 AAR 4364, AAC
 *).                               16, 2001.           R18-8-266,
                                                       December 4, 2004.
Mixture and Derived-From Rules    66 FR 27266, May    10 AAR 4364, AAC
 Revisions. (Checklist 192 A *).   16, 2001.           R18-8-261 and
                                                       268, December 4,
                                                       2004.
Land Disposal Restrictions        66 FR 27266, May    10 AAR 4364, AAC
 Correction. (Checklist 192 B).    16, 2001.           R18-8-268,
                                                       December 4, 2004.
Change of Official EPA Mailing    66 FR 34374, June   10 AAR 4364, AAC
 Address. (Checklist 193).         28, 2001.           R18-8-260, 261,
                                                       265, December 4,
                                                       2004.
Mixture and Derived-From Rules    66 FR 50332,        10 AAR 4364, AAC
 Revision II. (Checklist 194 *).   October 3, 2001.    R18-8-261,
                                                       December 4, 2004.

[[Page 46456]]

 
Inorganic Chemical Manufacturing  66 FR 58258,        10 AAR 4364, AAC
 Wastes Identification and         November 20,        R18-8-261 and
 Listing. (Checklist 195).         2001. 67 FR         268, December 4,
                                   17119, April 9,     2004.
                                   2002.
CAMU Amendments. (Checklist 196   67 FR 2962,         10 AAR 4364, AAC
 *).                               January 22, 2002.   R18-8-260 and
                                                       264, December 4,
                                                       2004.
Hazardous Air Pollutant           67 FR 67 2,         10 AAR 4364, AAC
 Standards for Combustors:         February 13, 2002.  R18-8-264, 265,
 Interim Standards. (Checklist                         266 and 270,
 197 *).                                               December 4, 2004.
Hazardous Air Pollutant           67 FR 6968,         10 AAR 4364, AAC
 Standards for Combustors:         February 14, 2002.  R18-8-266 and
 Corrections. (Checklist 198).                         270, December 4,
                                                       2004.
Vacatur of Mineral Processing     67 FR 11251, March  10 AAR 4364, AAC
 Spent Materials Being Reclaimed   13, 2002.           R18-8-261,
 as Solid Wastes and TCLP Use                          December 4, 2004.
 with MGP Waste. (Checklist 199).
Zinc Fertilizer Rule. (Checklist  67 FR 48393, July   11 AAR 5523, AAC
 200).                             24, 2002.           R18-8-261, 266
                                                       and 268, February
                                                       4, 2006.
Treatment Variance for            67 FR 62618,        11 AAR 5523, AAC
 Radioactively Contaminated        October 7, 2002.    R18-8-268,
 Batteries. (Checklist 201 *).                         February 4, 2006.
Hazardous Air Pollutant           67 FR 77687,        11 AAR 5523, AAC
 Standards for Hazardous Waste     December 19, 2002.  R18-8-270,
 Combustors- Corrections 2.                            February 4, 2006.
 (Checklist 202 *).
Recycled Used Oil Management      68 FR 44659, July   11 AAR 5523, AAC
 Standards; Clarification (Sec.    30, 2003.           R18-8-261(H),
  261.5(j) correction only) .                          February 4, 2006.
 (Checklist 203 *).
Performance Track. (Checklist     69 FR 21737, April  11 AAR 5523, AAC
 204 *).                           22, 2004. 69 FR     R18-8-262,
                                   62217, October      February 4, 2006.
                                   25, 2004.
NESHAP: Surface Coating of        69 FR 22601 April   11 AAR 5523, AAC
 Automobiles and Light-Duty        26, 2004.           R18-8-264 and
 Trucks. (Checklist 205 *).                            265, February 4,
                                                       2006.
Nonwastewaters from Dyes and      70 FR 9138,         12 AAR 3061, AAC
 Pigments. (Checklist 206).        February 24,        R18-8-261 and
                                   2005. 70 FR 35032   268, October 1,
                                   June 13, 2005.      2006.
Uniform Hazardous Waste Manifest  70 FR 10776, March  12 AAR 3061, AAC
 Rule. (Checklist 207).            4, 2005. 70 FR      R18-8-260, 261,
                                   35034, June 16,     262, 263, 264 and
                                   2005.               265, October 1,
                                                       2006.
Methods Innovation Rule and SW-   70 FR 34538, March  12 A.A.R 3061, AAC
 846 Final Update IIIB (partial;   4, 2005. 70 FR      R18-8-260, 261,
 no clarifications incorporated    44150, June 16,     264, 265, 266,
 by reference from 40 CFR 279).    2005.               268 and 270,
 (Checklist 208 *).                                    October 1, 2006.
Universal Waste Rule: Specific    70 FR 45508,        12 AAR 3061, AAC
 Provisions for Mercury            August 5, 2005.     R18-8-260, 261,
 Containing Equipment.                                 264, 265, 266,
 (Checklist 209 *).                                    268, 270 and 273,
                                                       October 1, 2006.
Revision of Wastewater Treatment  70 FR 57769,        14 AAR 409, AAC
 Exemptions for Hazardous Waste    October 4, 2005.    R18-8-261, March
 Mixtures (``Headworks                                 3, 2008.
 exemptions''). (Checklist 211
 *).
NESHAP: Final Standards for       70 FR 59402,        14 AAR 409, AAC
 Hazardous Waste Combustors        October 12, 2005.   R18-8-260, 264,
 (Phase I Final Replacement                            265, 266 and 270,
 Standards and Phase II).                              March 3, 2008.
 (Checklist 212 *).
Burden Reduction Initiative.      71 FR 16862, April  14 AAR 409, AAC
 (Checklist 213 *).                4, 2006.            R18-8-260, 261,
                                                       264, 265, 266,
                                                       268, and 270,
                                                       March 3, 2008.
Corrections to Errors in the      71 FR 40254, July   14 AAR 409, AAC
 Code of Federal Regulations       14, 2006.           R18-8-260, 261,
 (partial; no corrections                              262, 264, 265,
 incorporated from Parts 267 or                        266, 267, 268,
 279). (Checklist 214).                                270, 271 and 273,
                                                       March 3, 2008.
Cathode Ray Tubes Rule.           71 FR 42928, July   14 AAR 409, AAC
 (Checklist 215 *).                28, 2006.           R18-8-260 and
                                                       261, March 3,
                                                       2008.
------------------------------------------------------------------------

G. Where are the revised state rules different from the federal rules?

    Since 1984, Arizona hazardous waste rules have contained several 
procedural requirements that are more stringent than EPA's. These more 
stringent procedural requirements are authorized by Arizona Revised 
Statutes (ARS) section 49-922, which in directing Arizona to adopt 
hazardous waste rules, prohibits only nonprocedural standards that are 
more stringent than EPA:
    1. Hazardous Waste Manifests. Arizona requires hazardous waste 
generators; transporters; and treatment, storage, and disposal 
facilities (TSDFs) to provide a copy of all hazardous waste manifests 
to Arizona monthly. [See AAC R18-8-262(I) and (J); R18-8-263(C), R18-8-
264(J) and R18-8-265(J).] Federal regulations governing distribution of 
copies of the manifest do not require manifests to be provided to the 
state.
    2. Annual Reports. Hazardous waste large quantity generators (LQGs) 
and TSDFs must submit reports to Arizona annually rather than every two 
years as the federal regulations require. [See AAC R18-8-260(E)(3); 
R18-8-262(H), R18-8-264(I) and R18-8-265(I).] Small quantity generators 
(SQGs) must also submit annual rather than biennial reports under R18-
8-262(H).
    3. Recyclers are required to submit annual reports to Arizona 
rather than no reports at all. [AAC R18-8-261(J)].
    EPA cannot delegate the federal requirements in 40 CFR 261.39(a)(5) 
and 261.41 contained in the Cathode Ray Tubes Rule set forth in 71 FR 
42928, July 28, 2006. While Arizona adopted these requirements by 
reference in 14 AAR 409, AAC R18-8-260 and 261, EPA will continue to 
implement these requirements.
    EPA gave notice at 80 FR 18777 of the removal of the provisions at 
40 CFR 261.4(a)(16) and 40 CFR 261.38 related to comparable fuels due 
to the D.C. Circuit's vacatur of the ``Hazardous

[[Page 46457]]

Waste Combustors Revised Standards'' Final Rule (63 FR 33782, June 19, 
1998) in Natural Res. Def. Council v. EPA, 755 F.3d 1010 (D.C. Cir. 
2014). This rule was previously adopted and approved as part of 
Arizona's authorized program, but in light of the vacatur, EPA no 
longer considers these provisions to be part of Arizona's federally 
authorized program.
    Other than the differences discussed above, Arizona incorporates by 
reference the remaining federal rules listed in Section F; therefore, 
there are no significant differences between the remaining federal 
rules and the revised state rules being authorized today.

H. Who handles permits after the authorization takes effect?

    Arizona will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. Section 
3006(g)(1) of RCRA, 42 U.S.C. 6926(g)(1), gives EPA the authority to 
issue or deny permits or parts of permits for requirements for which 
the State is not authorized. Therefore, whenever EPA adopts standards 
under HSWA for activities or wastes not currently covered by the 
authorized program, EPA may process RCRA permits in Arizona for the new 
or revised HSWA standards until Arizona has received final 
authorization for such new or revised HSWA standards. EPA and Arizona 
have agreed to a joint permitting process for facilities covered by 
both the authorized program and standards under HSWA for which the 
State is not yet authorized, and for handling existing EPA permits 
after the State receives authorization.

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

    Arizona is not authorized to carry out its hazardous waste program 
in Indian country within the State, which includes the Cocopah Tribe of 
Arizona; Fort Mojave Indian Tribe of Arizona, California & Nevada; Gila 
River Indian Community of the Gila River Indian Reservation; Havasupai 
Tribe of the Havasupai Reservation; Hopi Tribe of Arizona; Hualapai 
Indian Tribe of the Hualapai Indian Reservation; Kaibab Band of Paiute 
Indians of the Kaibab Indian Reservation; Navajo Nation; Quechan Tribe 
of the Fort Yuma Indian Reservation; Salt River Pima-Maricopa Indian 
Community of the Salt River Reservation; San Carlos Apache Tribe of the 
San Carlos Reservation; San Juan Southern Paiute Tribe of Arizona; 
Tohono O'odham Nation; Yavapai-Apache Nation of the Camp Verde Indian 
Reservation; and the Yavapai-Prescott Indian Tribe. 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 is EPA codifying Arizona's hazardous waste 
program as authorized 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 
codifying the authorization of Arizona's changes at this time. However, 
EPA reserves the amendment of 40 CFR part 272, subpart D for this 
authorization of Arizona's program changes until a later date.

K. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action 
(RCRA State authorization) 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 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 Arizona's revised hazardous waste program under RCRA 
are exempted under Executive Order 12866. 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 (Pub. L. 104-4). 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 rule 
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 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 rule, 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 the rule 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 rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). 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 rule authorizes pre-existing State rules which are at least 
equivalent to, and no less stringent than existing

[[Page 46458]]

federal requirements, and impose no additional requirements beyond 
those imposed by State law, and there are no anticipated significant 
adverse human health or environmental effects, the rule 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 action nevertheless will be effective 60 days after 
the final approval is published in the Federal Register.

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: September 26, 2017.
Alexis Strauss,
Acting Regional Administrator, Region 9.
[FR Doc. 2017-21522 Filed 10-4-17; 8:45 am]
BILLING CODE 6560-50-P


