[Federal Register Volume 77, Number 53 (Monday, March 19, 2012)]
[Rules and Regulations]
[Pages 15966-15969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6563]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-9646-5]


Ohio: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is granting Ohio final authorization of the changes to its 
hazardous waste program under the Resource Conservation and Recovery 
Act (RCRA). The agency published a proposed rule on September 14, 2011 
at

[[Page 15967]]

76 FR 56708 and provided for public comment. The public comment period 
ended on October 14, 2011. We received no comments. No further 
opportunity for comment will be provided. EPA has determined that these 
changes satisfy all requirements needed to qualify for final 
authorization. We now make a final decision to authorize Ohio's changes 
through this final action.

DATES: The final authorization will be effective on March 19, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R05-RCRA-2011-0530. All documents in the docket 
are listed in the www.regulations.gov index. Although listed in the 
index, some of the information is not publicly available, e.g., 
Confidential Business Information 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 at http://www.regulations.gov or in hard copy. You may 
view and copy Ohio's application from 9 a.m. to 4 p.m. at the following 
addresses: U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard, 
Chicago, Illinois, contact: Gary Westefer (312) 886-7450; or Ohio 
Environmental Protection Agency, Lazarus Government Center, 50 West 
Town Street, Suite 700, Columbus, Ohio, contact: Kit Arthur (614) 644-
2932.

FOR FURTHER INFORMATION CONTACT: Gary Westefer, Ohio Regulatory 
Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7450, e-mail [email protected].

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 request 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 266, 268, 270, 273 and 279.

B. What decisions have we made in this rule?

    We conclude that Ohio's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we propose to grant Ohio final 
authorization to operate its hazardous waste program with the changes 
described in the authorization application. Ohio has responsibility for 
permitting treatment, storage, and disposal facilities (TSDFs) 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). New federal requirements and prohibitions imposed by 
federal regulations that EPA promulgates under the authority of HSWA 
take effect in authorized states before they are authorized for the 
requirements. Thus, EPA will implement those requirements and 
prohibitions in Ohio, including issuing permits, until the state is 
granted authorization to do so.

C. What is the effect of this authorization decision?

    The effect of this decision, once finalized, is that a facility in 
Ohio subject to RCRA would have to comply with the authorized state 
requirements instead of the equivalent federal requirements in order to 
comply with RCRA. Ohio has enforcement responsibilities under its state 
hazardous waste program for RCRA violations, but EPA retains its 
authority under RCRA sections 3007, 3008, 3013, and 7003, which 
include, among others, authority to:
    1. Do inspections, and require monitoring, tests, analyses or 
reports; and
    2. Enforce RCRA requirements and suspend or revoke permits
    3. 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 for which Ohio is being 
authorized are already effective, and will not be changed by EPA's 
final action.

D. Proposed Rule

    On September 14, 2011 (76 FR 56708), EPA published a proposed rule. 
In that rule we proposed granting authorization of changes to Ohio's 
hazardous waste program and opened our decision to public comment. The 
agency received no comments on this proposal. EPA found Ohio's RCRA 
program to be satisfactory.

E. What has Ohio previously been authorized for?

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

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

    On May 9, 2011, Ohio submitted a final complete program revision 
application, seeking authorization of their changes in accordance with 
40 CFR 271.21. We now make a final decision, that Ohio's hazardous 
waste program revision satisfies all of the requirements necessary to 
qualify for final authorization. Therefore, we are granting Ohio final 
authorization for the following program changes (a table with the 
complete state analogues is provided in the September 14, 2011 proposed 
rule):

Amendments to Land Disposal Restrictions for First Third Scheduled 
Wastes Checklist 50.1, February 27, 1989 (54 FR 8264);
Changes to Part 124 Not Accounted for by Present Checklists, Checklist 
70, April 1, 1983 (48 FR 14146); June 30, 1983 (48 FR 30113); July 26, 
1988 (53 FR 28118); September 26, 1988 (53 FR 37396); January 4, 1989 
(54 FR 246);
NESHAPS: Final Standards for Hazardous Air Pollutants for Hazardous 
Waste Combustors; Technical Corrections, Checklist 188.1, May 14, 2001 
(66 FR 24270);
NESHAPS: Interim Standards for Hazardous Air Pollutants for Hazardous 
Waste Combustors (Interim Standards Rule), Checklist 197, February 13, 
2002 (67 FR 6792);
NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste 
Combustors; Final Rule, Checklist 198, February 14, 2002 (67 FR 6968);
Hazardous Waste Management System; Definition of Solid Waste; Toxicity 
Characteristic, Checklist 199, March 13, 2002 (67 FR 11251);

[[Page 15968]]

NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste 
Combustors--Corrections, Checklist 202, December 19, 2002 (67 FR 
77687);
Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Recycled Used Oil Management Standards, Checklist 203, 
July 30, 2003 (68 FR 44659);
Hazardous Waste--Nonwastewaters From Production of Dyes, Pigments, and 
Food, Drug and Cosmetic Colorants; Mass Loadings-Based Listing; Final 
Rule, Checklist 206, February 24, 2005 (70 FR 9138);
Hazardous Waste--Nonwastewaters From Production of Dyes, Pigments, and 
Food, Drug and Cosmetic Colorants; Mass Loadings-Based Listing; 
Correction, Checklist 206.1, June 16, 2005 (70 FR 35032);
Hazardous Waste Management System, Modification of the Hazardous Waste 
Manifest System; Final Rule, Checklist 207, March 4, 2005 (70 FR 
10776);
Hazardous Waste Management System, Modification of the Hazardous Waste 
Manifest System; Correction, Checklist 207.1, June 16, 2005 (70 FR 
35034);
Waste Management System; Testing and Monitoring Activities; Final Rule: 
Methods Innovation Rule and SW-846 Final Update IIIB, Checklist 208, 
June 14, 2005 (70 FR 34538);
Waste Management System; Testing and Monitoring Activities; Final Rule: 
Methods Innovation Rule and SW-846 Final Update IIIB; Correction, 
Checklist 208.1, August 1, 2005 (70 FR 44150);
Revision of Wastewater Treatment Exemptions for Hazardous Waste 
Mixtures; (``Headworks Exemptions''), Checklist 211, October 4, 2005 
(70 FR 57769);
National Emission Standards for Hazardous Air Pollutants: Final 
Standards for Hazardous Air Pollutants for Hazardous Waste Combustors 
(Phase I Final Replacement Standards and Phase II), Checklist 212, 
October 12, 2005 (70 FR 59402);
Hazardous Waste and Used Oil; Corrections to Errors in the Code of 
Federal Regulations, Checklist 214, July 14, 2006 (71 FR 40254);


                   Equivalent State Initiated Changes
------------------------------------------------------------------------
                                 Description of       Sections affected
       Ohio amendment                change          and effective date
------------------------------------------------------------------------
Rule Review per 119.032.....  ....................  OAC 3745-50-31; 3745-
                                                     50-47; 3745-54-56;
                                                     3745-54-77.
                                                    Effective May 13,
                                                     2007.
Housekeeping Rules Set I....  ....................  OAC 3745-50-10; 3745-
                                                     50-11; 3745-50-40
                                                     3745-50-51; 3745-50-
                                                     235; 3745-51-03;
                                                     3745-51-04; 3745-51-
                                                     05; 3745-51-20;
                                                     3745-51-22; 3745-51-
                                                     24; 3745-51-30;
                                                     3745-51-35; 3745-51-
                                                     38; 3745-52-10;
                                                     3745-52-21; 3745-52-
                                                     27; 3745-52-32;
                                                     3745-52-33; 3745-52-
                                                     34; 3745-52-41;
                                                     3745-52-54; 3745-53-
                                                     20; 3745-53-21;
                                                     3745-54-18; 3745-54-
                                                     71; 3745-54-72;
                                                     3745-54-98; 3745-55-
                                                     47; 3745-55-90;
                                                     3745-55-99; 3745-57-
                                                     14; 3745-57-83;
                                                     3745-57-91; 3745-65-
                                                     72; 3745-66-41;
                                                     3745-66-90; 3745-67-
                                                     73; 3745-68-14;
                                                     3745-68-40; 3745-
                                                     256-100; 3745-266-
                                                     80; 3745-266-103;
                                                     3745-266-106; 3745-
                                                     270-01; 3745-270-
                                                     40; 3745-270-48;
                                                     3745-279-44; 3745-
                                                     279-53; 3745-279-
                                                     55; 3745-279-63.
                                                    Effective February
                                                     16, 2009.
------------------------------------------------------------------------

G. Which revised state rules are 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. In this action, because Ohio has not 
received statutory authority for Subparts AA, BB and CC of 40 CFR Part 
264, they have not adopted the rules for the 40 CFR Subpart BB portion 
in checklist 212 (located in the table above). This will be added at a 
later date. Checklist 214 in the above table appeared in the Federal 
Register on July 14, 2006 (71 FR 40254) as a Federal regulation that 
corrected numerous errors that had appeared in the Code of Federal 
Regulations over several years. Not all of the amendments in the July 
14 Federal Register are reflected in this Ohio rules effective date or 
in the current Authorization Revision Application. Since the July 14 
Federal Register includes several hundred amendments, it was broken 
into several rule-makings in Ohio. This is the first of these rule-
makings. Subsequent rule-makings will address the balance of the 
corrections. A number of these federal corrections had already been 
made in the state rules, so not all the federal changes made in the 
July 14 FR resulted or will result in Ohio rule amendments attributable 
to the July 14 FR. Ohio has corrected the errors in the sections cited 
in Checklist 214 above, additional corrections will be noted in future 
Federal Registers as State Initiated Changes to Checklist 214.

H. Who handles permits after the 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 we issued prior to the effective date of this authorization until 
they expire or are terminated. We will not issue any more new permits 
or new portions of permits for the provisions listed in the Table above 
after the effective date of this authorization. EPA will continue to 
implement and issue permits for HSWA requirements for which Ohio is not 
yet 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,'' as defined in 18 U.S.C. 1151. Indian Country 
includes:
    1. All lands within the exterior boundaries of Indian Reservations 
within or abutting the State of Ohio;
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation that 
qualifies as Indian Country.
    Therefore, EPA retains the authority to implement and administer 
the RCRA program in Indian Country.

J. What is codification and is EPA codifying Ohio'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. We do this by referencing 
the authorized state rules in 40 CFR part 272. Ohio's rules, up to and 
including those revised June 7, 1991, as corrected August 19, 1991, 
have previously been codified through the

[[Page 15969]]

incorporation-by-reference effective February 4, 1992 (57 FR 4162) . We 
reserve the amendment of 40 CFR part 272, subpart KK for the 
codification of Ohio's program changes until a later date.

K. Statutory and Executive Order Reviews

    This rule only authorizes hazardous waste requirements pursuant to 
RCRA 3006 and imposes no requirements other than those imposed by state 
law (see SUPPLEMENTARY INFORMATION, Section A. Why are revisions to 
state programs necessary?). Therefore, this rule complies with 
applicable executive orders and statutory provisions as follows:

1. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulations and Regulatory Review

    The Office of Management and Budget has exempted this rule from its 
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 
Executive Order 13563 (76 FR 3821 January 21, 2011).

2. Paperwork Reduction Act

    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.).

3. Regulatory Flexibility Act

    This rule authorizes state requirements for the purpose of RCRA 
3006 and imposes no additional requirements beyond those required by 
state law. Accordingly, I certify that this rule 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.).

4. Unfunded Mandates Reform Act

    Because this rule approves 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).

5. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply 
to this rule because it will not have federalism implications (i.e., 
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).

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000) does not 
apply to this rule because it will not have tribal implications (i.e., 
substantial direct effects on one or more Indian tribes, or on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes.)

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This rule is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it is not economically significant as defined 
in Executive Order 12866 and because the EPA does not have reason to 
believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001), because it is not a significant regulatory action as defined 
in Executive Order 12866.

9. National Technology Transfer Advancement Act

    EPA approves state programs as long as they meet criteria required 
by RCRA, so it would be inconsistent with applicable law for EPA, in 
its review of a state program, to require the use of any particular 
voluntary consensus standard in place of another standard that meets 
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 to this rule.

10. Executive Order 12988

    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing 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.

11. Executive Order 12630: Evaluation of Risk and Avoidance of 
Unanticipated Takings

    EPA has complied with Executive Order 12630 (53 FR 8859, March 18, 
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.

12. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Because this rule authorizes pre-existing State rules and imposes 
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 (59 FR 7629, 
February 16, 1994).

13. Congressional Review Act

    EPA will submit a report containing this rule and other information 
required by the Congressional Review Act (5 U.S.C. 801 et seq.) 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 sixty (60) days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). This final authorization will be 
effective March 19, 2012.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, 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, 6974(b).

    Dated: February 29, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-6563 Filed 3-16-12; 8:45 am]
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