
[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Proposed Rules]
[Pages 86100-86103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27156]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R09-RCRA-2021-0431; FRL-8828-04-R9]


Arizona: Authorization of State Hazardous Waste Management 
Program Revisions; Proposed Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; correction.

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SUMMARY: The Environmental Protection Agency (EPA) approved revisions 
to Arizona's federally authorized hazardous waste program by publishing 
proposed and direct final rules in the Federal Register on September 
28, 2021. EPA inadvertently omitted a citation to Checklist 233 in the 
text of the proposed and direct final rule. With this correction, EPA 
is clarifying that Arizona has adopted Checklist 233 and is authorized 
for the Response to Vacatur of Certain Provisions of the Definition of 
Solid Waste Rule published on May 30, 2018. Additionally, EPA is 
clarifying that Arizona is not required to adopt Checklist 224: 
Withdrawal of the Emission Comparable Fuel Exclusion. Arizona did not 
adopt the exclusion contained in Checklist 221, and thus, does not have 
the exclusion as part of its authorized state program. We are proposing 
to correct these and related errors. EPA seeks public comment prior to 
taking final action.

DATES: Comments on this proposed correction must be received by January 
11, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
RCRA-2021-0431, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sorcha Vaughan, EPA Region 9, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4217 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

A. Why are corrections to the revised state program authorization 
necessary?

    States that have received final authorization from EPA under 
Section 3006(b) of the Resource Conservation and Recovery Act (RCRA), 
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 to maintain consistency and stringency with the federal rules 
and must ask EPA to authorize the changes. EPA's Federal Register 
notices regarding proposed authorization of revisions to state 
hazardous waste management programs provide the public with an 
opportunity to comment and also offer details with respect to the scope 
of the revised program authorizations on which both the general public 
and the regulated community may rely. Where these notices omit critical 
information or fail to clearly delineate the scope of authorized 
program revisions, corrections may be necessary and/or appropriate.

B. What corrections is EPA making to this rule?

    EPA authorized changes to Arizona's hazardous waste program with 
the proposed and direct to final rule on September 28, 2021 (86 FR 
53558). EPA is now proposing to correct this updated authorization by: 
(1) clarifying that Arizona has adopted and is authorized for Response 
to Vacatur of Certain Provisions of the Definition of Solid Waste Rule 
83 FR 24664 (May 5, 2018); and (2) recognizing that because Arizona did 
not adopt the exclusion contained in Checklist 221 the adoption of 
Checklist 224 is unnecessary. These proposed corrections to the scope 
of Arizona's authorized hazardous waste program would become effective 
if finalized.

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

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

D. What has Arizona previously been authorized for?

    Arizona initially received final authorization to implement its 
base hazardous waste management program on November 20, 1985. 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), July 18, 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), March 17, 2004 (69 FR 12544 
effective March 17, 2004, originally published on October 27, 2000 (65 
FR 64369)), December 20, 2017 (82 FR 60550 effective January 20, 2018), 
and September 28, 2021 (86 FR 53558 effective November 29, 2021).

E. What changes is EPA proposing to authorize with this action?

    EPA proposes to correct and clarify the terms of the September 28, 
2021, authorization of Arizona's hazardous waste program with respect 
to the definition of a solid waste. EPA also proposes to acknowledge 
that Arizona is

[[Page 86101]]

not required to seek authorization for Checklist 224, as it did not 
adopt the associated exclusion from Checklist 221 into its state 
regulations.
    1. Proposed Changes to the State Analogues to the Federal Program 
Table.
    EPA is recreating in this proposal the State Analogues to the 
Federal Program table that was published in the proposed authorization 
update Federal Register notice at 86 FR 53558 (Sept. 28, 2021). EPA 
inadvertently omitted from the proposed and final rules that under 
Checklist 233 Arizona has adopted and was authorized for in 83 FR 24664 
(May 30, 2018) Response to Vacatur of Certain Provisions of the 
Definition of Solid Waste Rule. The corrections proposed in this rule, 
and described above, would require modifications to the State Analogues 
to the Federal Program table published on September 28, 2021 (86 FR 
53558), as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                          Arizona Administrative
  Description of Federal requirement       Federal Register      Arizona Administrative        Code (A.A.C)
         and checklist number           volume, page and date     Register (A.A.R) and      implementing rule
                                                                     effective date              sections
----------------------------------------------------------------------------------------------------------------
NESHAP: Final Standards for Hazardous  73 FR 18970 (4/8/2008).  21 A.A.R 1246 (9/05/     R18-8-264 (A).
 Waste Combustors (Phase I Final                                 2015).                  R18-8-266 (A).
 Replacement Standards and Phase II)
 Amendments (217).
F019 Exemption for Wastewater          73 FR 31756 (6/04/2008)  21 A.A.R 1246 (9/05/     R18-8-261 (A).
 Treatment Sludges from Auto                                     2015).
 Manufacturing Zinc Phosphating
 Processes.
Revisions to DSW Rule (219)..........  73 FR 64668-64788 (10/   26 A.A.R 2949 (11/03/    R18-8-260 (C).
                                        30/2008).                2020).                  R18-8-261 (A).
                                                                                         R18-8-270 (A)
Academic Laboratories Generator        73 FR 72912 (12/01/      21 A.A.R 1246 (9/05/     R18-8-262 (A).
 Standards (220).                       2008).                   2015).
OECD Requirements; Export Shipments    75 FR 1236-1262 (1/8/    21 A.A.R 1246 (9/05/     R 18-8-262 (A).
 of Spent Lead-Acid Batteries (222).    2010).                   2015).                  R18-8-263 (A).
                                                                                         R18-8-264 (A).
                                                                                         R18-8-264 (A).
                                                                                         R18-8-266 (A).
Technical Corrections/Clarifications   75 FR 12989-13009 (3/18/ 21 A.A.R 1246 (9/05/     R18-8-260 (C).
 (223).                                 2010), 75 FR 31716-      2015).                  R18-8-262 (A).
                                        31717 (6/4/2010).                                R18-8-262 (A).
                                                                                         R18-8-263(A).
                                                                                         R18-8-264 (A).
                                                                                         R18-8-265 (A).
                                                                                         R18-8-266 (A).
                                                                                         R18-8-268.
                                                                                         R18-8-270 (A).
Removal of Saccharin and its Salts     75 FR 78918-78926 (12/   21 A.A.R 1246 (9/05/     R18-8-261(A).
 from the list of HW (225).             17/2010).                2015).                  R18-8-268.
Academic Laboratories Generator        75 FR 79304 (12/20/      21 A.A.R 1246 (9/05/     R18-8-261 (A).
 Standards Technical Corrections        2010).                   2015).                  R18-8-262 (A).
 (226).
Revisions to Treatment Standards of    76 FR 34147-34157 (6/13/ 21 A.A.R 1246 (9/05/     R18-8-268.
 Carbamate Wastes (227).                2011).                   2015).
Technical Correction/Clarification     77 FR 22229-22232 (4/13/ 21 A.A.R 1246 (9/05/     R18-8-261 (A).
 (228).                                 2012).                   2015).                  R18-8-266 (A).
Conditional Exclusions for Solvent     78 FR 46448-46485 (7/31/ 21 A.A.R 1246 (9/05/     R18-8-260 (A).
 Contaminated Wipes (229).              2013).                   2015).                  R18-8-261 (A).
Conditional Exclusion for Carbon       79 FR 350 (1/03/2014)..  25 A.A.R 435 (2/05/      R18-8-260 (C).
 Dioxide (CO2) Streams in Geologic                               2019).                  R18-8-261 (A).
 Sequestration Activities (230).
Hazardous Waste Electronic Manifest    79 FR 7518-7563 (2/7/    25 A.A.R 435 (2/05/      R18-8-260 (C).
 System (231).                          2014).                   2019).                  R18-8-262 (A).
                                                                                         R18-8-263 (A).
                                                                                         R18-8-264 (A).
                                                                                         R18-8-265 (A).
Revisions to Export Provisions of the  79 FR 36220-36231 (6/26/ 25 A.A.R 435 (2/05/      R18-8-260 (C).
 Cathode Ray Tube (CRT) Rule (232).     2014).                   2019).                  R18-8-261 (A).
Revision to DSW Rule--Non-waste        80 FR 1694-1814 (1/13/   26 A.A.R 2949 (11/03/    R18-8-260 (C).
 determinations and variances (233).    2015); 83 FR 24664-      2020).                  R18-8-261 (A).
                                        24671 (5/30/2018).                               R18-8-270 (A).
Vacatur of Comparable Fuels and        80 FR 18777-18780 (4/8/  25 A.A.R 435 (2/05/      R18-8-260 (C).
 Gasification (234).                    2015).                   2019).                  R18-8-261 (A).
Disposal of Coal Combustion Residuals  80 FR 21302 (4/17/2015)  25 A.A.R 435 (2/05/      R18-8-261 (A).
 from Electric Utilities (235).                                  2019).
Imports and Exports of Hazardous       81 FR 85696-85729 (11/   25 A.A.R 435 (2/05/      R18-8-260 (C).
 Waste (236).                           28/2016), 82 FR 41015-   2019).                  R18-8-261 (A).
                                        41016 (8/29/2017).                               R18-8-262 (A).
                                                                                         R18-8-263 (A).
                                                                                         R18-8-264 (A).
                                                                                         R18-8-265 (A).
                                                                                         R18-8-266 (A).
                                                                                         R18-8-273.

[[Page 86102]]

 
Generator Improvements Rule (237)....  81 FR 85732-85829 (11/   25 A.A.R 435 (2/05/      R18-8-260 (C).
                                        28/2016).                2019).                  R18-8-265 (A).
                                                                                         R18-8-268.
                                                                                         R18-8-270(A).
                                                                                         R18-8-273.
Confidentiality Determinations for     82 FR 60894-60901 (12/   25 A.A.R 435 (2/05/      R18-8-260 (C).
 Hazardous Waste Export and Import      26/2017).                2019).                  R18-8-261 (A).
 Documents (238).                                                                        R18-8-262 (A).
Hazardous Waste Electronic Manifest    83 FR 420-462 (1/3/      25 A.A.R 435 (2/05/      R18-8-260 (C).
 System User Fee (239).                 2018).                   2019).                  R18-8-262 (A).
                                                                                         R18-8-263 (A).
                                                                                         R18-8-264 (A).
                                                                                         R18-8-265 (A).
Safe Management of Recalled Airbags    83 FR 61552 (11/30/      26 A.A.R 2949 (11/03/    R18-8-260 (C).
 (240).                                 2018).                   2020).                  R18-8-261 (A).
                                                                                         R18-8-262 (A).
Management Standards for Hazardous     84 FR 5816 (2/22/2019).  26 A.A.R 2949 (11/03/    R18-8-260 (C).
 Waste Pharmaceuticals and Amendment                             2020).                  R18-8-261(A).
 to the P075 Listing for Nicotine                                                        R18-8-262 (A).
 (241).                                                                                  R18-8-263 (A).
                                                                                         R18-8-264 (A).
                                                                                         R18-8-265 (A).
                                                                                         R18-8-266(A).
                                                                                         R18-8-286.
                                                                                         R18-8-270 (A).
                                                                                         R18-8-273.
Universal Waste Regulations: Addition  84 FR 67202 (12/09/      26 A.A.R 2949 (11/03/    R18-8-260 (C).
 of Aerosol Cans (242).                 2019).                   2020).                  R18-8-261 (A).
                                                                                         R18-8-264 (A).
                                                                                         R18-8-265 (A).
                                                                                         R18-8-268.
                                                                                         R18-8-270 (A).
                                                                                         R18-8-273.
----------------------------------------------------------------------------------------------------------------

    2. There are several Federal rules that have been vacated, 
withdrawn, or superseded. As a result, authorization of these rules may 
be moot. However, for purposes of completeness, these rule checklists 
are included above with an explanation as to the rule's status in 
Arizona. Arizona never adopted the RCRA comparable fuel exclusion 
contained in Checklist 221: Expansion of RCRA Comparable Fuel Exclusion 
(73 FR 77954, December 19, 2008) therefore adopting Checklist 224: 
Withdrawal of the Emission Comparable Fuel Exclusion (75 FR 33712, June 
15, 2010) would be unnecessary. Arizona's authorized program continues 
to be equivalent to and no less stringent than the Federal program 
without having to make any conforming changes pursuant to the 
checklists.

F. How does this 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. Therefore, this action has no 
effect on Indian country. EPA retains jurisdiction over Indian country 
and will continue to implement and administer the federal RCRA program 
on these lands.

G. Statutory and Executive Order Reviews

    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). Therefore, this action is not subject to review by OMB. This 
action proposes corrections to the authorization of state requirements 
for the purpose of Section 3006 of RCRA and imposes no additional 
requirements beyond those imposed by state law. Accordingly, 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 correction of the 
authorization of 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). As explained above, this 
proposed 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 proposed 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 corrects the Federal Register notice in which EPA 
authorized 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 proposed 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 concern 
environmental health or safety risks that EPA has reason to believe may 
disproportionally affect children. This proposed correction 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

[[Page 86103]]

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 do not apply. See 15 U.S.C. 272 note, sec. 
12(d)(3), Public Law 104-113, 110 Stat. 783 (Mar. 7, 1996) (exempting 
compliance with the NTTAA's requirement to use VCS if compliance is 
``inconsistent with applicable law''). As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
proposed correction to its 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 proposed correction 
to 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 proposed correction to 
the rule authorizing Arizona's revision to DSW Rule Non-waste 
determinations and variances 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 proposed correction to the Arizona's Revision to DSW Rule--Non-
waste determinations and variances authorization rule authorizes pre-
existing state rules which are at least equivalent to, and no less 
stringent than existing 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 of the final rule correction in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This proposed correction is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

    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: November 26, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-27156 Filed 12-11-23; 8:45 am]
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