[Federal Register Volume 85, Number 9 (Tuesday, January 14, 2020)]
[Rules and Regulations]
[Page 2038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00180]



[[Page 2038]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R09-RCRA-2019-0491; FRL-10003-98-Region 9]


California: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final authorization.

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SUMMARY: The Environmental Protection Agency (EPA) is granting final 
authorization of the changes to the hazardous waste program submitted 
by California. As a result of EPA's authorization, California's revised 
program will become part of the authorized state hazardous waste 
program, and therefore will be federally enforceable. The single 
adverse comment received is outside the scope of the approval. As such, 
EPA concludes that no comments received on the subject of this action 
warrant any changes to the proposed authorization.

DATES: This final authorization is effective January 14, 2020.

FOR FURTHER INFORMATION CONTACT: Laurie Amaro, EPA Region 9, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3364 or by 
email at Amaro.Laurie@epa.gov.

SUPPLEMENTARY INFORMATION:

A. Authorization of Revisions to the California's Hazardous Waste 
Program

    On July 10, 2019, California submitted a final complete program 
revision application seeking authorization of the State's changes 
relating to its ``universal waste'' program in accordance with 40 CFR 
271.21. The Agency published a proposed rule on October 18, 2019 (84 FR 
55871) and requested public comment. Most comments received were in 
support of the action; however, one comment was critical of the 
California Department of Toxic Substances Control's ``enforcement 
actions against universal waste recyclers accepting appliances that 
contain MRSH.'' We believe this comment refers to California 
requirements that materials that require special handling (MRSH) must 
be removed prior to processing major appliances for scrap metal 
(California Public Resources Code section 42175; Health and Safety Code 
section 25212) and related requirements for appliance recyclers to 
comply with California's Certified Appliance Recycler (CAR) Program 
(California Health and Safety Code section 25211, et seq.). These 
provisions are not included in this approval and may not be addressed 
by this action. Since the single adverse comment is outside of the 
scope of EPA's approval of the subject revisions to the State's 
hazardous waste program, we now make a final decision that California's 
hazardous waste program revisions satisfy all of the requirements 
necessary to qualify for final authorization. For a list of rules that 
are authorized with this final authorization, please see the proposed 
rule published in the October 18, 2019 Federal Register at 84 FR 55871.

B. What is codification and is EPA codifying California'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 California's revisions at this time. 
However, EPA reserves the amendment of 40 CFR part 272, subpart F, for 
the codification of California's program at a later date.

C. Statutory and Executive Order Reviews

    This final authorization revises California's authorized hazardous 
waste management program pursuant to Section 3006 of RCRA and imposes 
no requirements other than those currently imposed by State law. For 
further information on how this authorization complies with applicable 
Executive orders and statutory provisions, please see the proposed rule 
published in the October 18, 2019 Federal Register at 84 FR 55871.

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: December 18, 2019.
Deborah Jordan,
Acting Regional Administrator, Region 9.
[FR Doc. 2020-00180 Filed 1-13-20; 8:45 am]
 BILLING CODE 6560-50-P


