[Federal Register Volume 79, Number 195 (Wednesday, October 8, 2014)]
[Rules and Regulations]
[Pages 60756-60759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24006]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2012-0179; FRL-9917-53-Region-4]


Florida: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: Florida 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). EPA has 
determined that these changes satisfy all requirements needed to 
qualify for final authorization, and is authorizing the State's changes 
through this immediate final rule. In the ``Proposed Rules'' section of 
today's Federal Register, EPA is also publishing a separate document 
that serves as the proposal to authorize these changes. EPA believes 
this action is not controversial and does not expect comments that 
oppose it. Unless EPA receives written comments that oppose this 
authorization during the comment period, the decision to authorize 
Florida's changes to its hazardous waste program will take effect. If 
EPA receives comments that oppose this action, EPA will publish a 
document in the Federal Register withdrawing today's immediate final 
rule before it takes effect, and the separate document published in 
today's ``Proposed Rules'' section of this Federal Register will serve 
as the proposal to authorize the changes.

DATES: This final authorization will become effective on December 8, 
2014 unless EPA receives adverse written comment by November 7, 2014. 
If EPA receives such comment, EPA will publish a timely withdrawal of 
this immediate final rule in the Federal Register and inform the public 
that this authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2012-0179, by one of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the on-line instructions for submitting comments.
     Email: [email protected]
     Fax: (404) 562-9964 (prior to faxing, please notify the 
EPA contact listed below).
     Mail: Send written comments to Anita K. Shipley, Permits 
and State Programs Section, RCRA Programs and Materials Management 
Branch, RCRA Division, U.S. Environmental Protection Agency, Atlanta 
Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
     Hand Delivery or Courier: Deliver your comments to Anita 
K. Shipley, Permits and State Programs Section, RCRA Programs and 
Materials Management Branch, RCRA Division, U.S. Environmental 
Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: EPA must receive your comments by November 7, 2014. 
Direct your comments to Docket ID No. EPA-R04-RCRA-2012-0179. 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

[[Page 60757]]

information that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site 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 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 may view and copy Florida's applications and associated 
publicly available materials from 8:00 a.m. to 4:00 p.m. at the 
following locations: EPA, Region 4, RCRA Division, Atlanta Federal 
Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960; telephone 
number: (404) 562-8466; and the Florida Department of Environmental 
Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400; 
telephone number: (850) 245-8713. Interested persons wanting to examine 
these documents should make an appointment with the office at least a 
week in advance.

FOR FURTHER INFORMATION CONTACT: Anita K. Shipley, Permits and State 
Programs Section, RCRA Programs and Materials Management Branch, RCRA 
Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 
61 Forsyth Street SW., Atlanta, Georgia 30303-8960; telephone number: 
(404) 562-8466; fax number: (404) 562-9964; email address: 
[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 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 Florida, 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 August 10, 2009, July 1, 2010, and August 30, 2012, Florida 
submitted final complete program revision applications, seeking 
authorization of changes to its hazardous waste program that correspond 
to certain Federal rules promulgated between July 1, 2007 and June 30, 
2009, and July 1, 2010 and June 30, 2011 (also known as RCRA Clusters 
XVIII, XIX, and XXI). EPA concludes that Florida's applications to 
revise its authorized program meet all of the 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 grants Florida 
final authorization to operate its hazardous waste program with the 
changes described in the authorization applications, and as outlined 
below in Section G of this document.
    Florida 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 applications, subject to the limitations of HSWA, as 
discussed above.

C. What is the effect of this authorization decision?

    The effect of this decision is that the changes described in 
Florida's authorization applications will become part of the authorized 
State hazardous waste program, and will therefore be federally 
enforceable. Florida 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 Florida is being 
authorized by today's action are already effective, and enforceable 
requirements under State law, and are not changed by today's action.

D. Why wasn't there a proposed rule before today's rule?

    Along with this immediate final rule, EPA is publishing a separate 
document in the ``Proposed Rules'' section of today's Federal Register 
that serves as the proposal to authorize these State program changes. 
EPA did not publish a proposed rule before today because EPA views this 
as a routine program change and does not expect comments that oppose 
this approval. EPA is providing an opportunity for public comment now, 
as described in Section E of this document.

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

    If EPA receives comments that oppose this authorization, EPA will 
withdraw today's immediate final rule by publishing a document in the 
Federal Register before the rule becomes effective. EPA will base any 
further decision on the authorization of the State program changes on 
the proposed rule mentioned in the previous section, after considering 
all comments received during the comment period, and will address all 
such comments in a later final rule. You may not have another 
opportunity to comment on these State program changes. If you want to

[[Page 60758]]

comment on this authorization, you must do so at this time.
    If EPA receives comments that oppose only the authorization of a 
particular change to the State hazardous waste program, EPA will 
withdraw that part of today's immediate final rule but the 
authorization of the program changes that the comments do not oppose 
will become effective on the date specified above. The Federal Register 
withdrawal document will specify which part of the authorization will 
become effective, and which part is being withdrawn.

F. What has Florida previously been authorized for?

    Florida initially received Final authorization on January 29, 1985, 
effective February 12, 1985 (50 FR 3908), to implement a RCRA hazardous 
waste management program. EPA granted authorization for changes to 
Florida's program on December 1, 1987, effective March 3, 1988 (52 FR 
45634); December 16, 1988, effective January 3, 1989 (53 FR 50529); 
December 14, 1990, effective February 12, 1991 (55 FR 51416); February 
5, 1992, effective April 6, 1992 (57 FR 4371); February 7, 1992, 
effective April 7, 1992 (57 FR 4738); May 20, 1992, effective July 20, 
1992 (57 FR 21351); November 9, 1993, effective January 10, 1994 (58 FR 
59367); July 11, 1994, effective September 9, 1994 (59 FR 35266); April 
16, 1994, effective October 17, 1994 (59 FR 41979); October 26, 1994, 
effective December 27, 1994 (59 FR 53753); April 1, 1997, effective 
June 2, 1997 (62 FR 15407); September 18, 2000, effective November 18, 
2000 (65 FR 56256); August 23, 2001, effective October 22, 2001 (66 FR 
44307); August 20, 2002, effective October 21, 2002 (67 FR 53886 and 67 
FR 53889); October 14, 2004, effective December 13, 2004 (69 FR 60964); 
August 10, 2007, effective October 9, 2007 (72 FR 44973); and February 
7, 2011, effective April 8, 2011 (76 FR 6564). The authorized Florida 
program, through RCRA Cluster IV, was incorporated by reference into 
the CFR on January 20, 1998, effective March 23, 1998 (63 FR 2896).

G. What changes is EPA authorizing with this action?

    On August 10, 2009, July 1, 2010, and August 30, 2012, Florida 
submitted final complete program revision applications seeking 
authorization of its changes in accordance with 40 CFR 271.21. EPA now 
makes an immediate final decision, subject to receipt of written 
comments that oppose this action, that Florida'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 for final authorization. Therefore, 
EPA grants Florida final authorization for the following program 
changes:

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Description of federal requirement      Federal register date and page                             Analogous state authority \1\
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216--Exclusion of Oil-Bearing       73 FR 57, 01/02/08...................  F.A.C. 62-730.020(1) and F.A.C. 62-730.030(1).
 Secondary Materials Processed in
 a Gasification System to Produce
 Synthesis Gas.
217--NESHAP: Final Standards for    73 FR 18970, 04/08/08................  F.A.C. 62-730.180(1) and F.A.C. 62-730.181(1).
 Hazardous Waste Combusters (Phase
 I Final Replacement Standards and
 Phase II) Amendments.
220--Academic Laboratories          73 FR 72912, 12/01/08................  F.A.C. 62-730.030(1) and F.A.C. 62-730.160(1).
 Generator Standards.
225--Removal of Saccharin and its   75 FR 78918, 12/17/10................  F.A.C. 62-730.030(1) and F.A.C. 62-183.
 Salts from the Lists of Hazardous
 Wastes.
226--Corrections to the Academic    75 FR 79304, 10/20/10................  F.A.C. 62-730.160(1).
 Laboratories Generator Standards.
227--Revision of the Land Disposal  76 FR 34147, 06/13/11................  F.A.C. 62-730.183.
 Treatment Standards for Carbamate
 Wastes.
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\1\ The Florida provisions for RCRA Cluster XVIII (Checklists 216-217) are from Florida Administrative Code (F.A.C.) Chapter 62-730, effective May 8,
  2009. The Florida provisions for RCRA Cluster XIX (Checklist 220) are from F.A.C. Chapter 62-730, effective June 8, 2010. The Florida provisions for
  RCRA Cluster XXI (Checklists 225-227) are from F.A.C. Chapter 62-730, effective June 29, 2012.

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

    There are no State requirements in the authorized program revisions 
listed above that are considered to be more stringent or broader in 
scope than the Federal requirements. However, Florida has made several 
State-initiated changes to its regulations that the EPA considers to be 
beyond the scope of the Federal program. These broader-in-scope 
requirements include the following:
     Form 8700-12F, to the extent that it requires notification 
for used oil filter transporters, transfer facilities, processors, and 
end users.
     F.A.C. 62-730.171(3)(a)(1), which requires that a transfer 
facility's initial notification include a certification that the 
proposed location of the transfer facility satisfies the criteria of 
F.S. 403.7211(2).
     F.A.C. 62-730.182, which adds criteria to determine 
whether changes at a hazardous waste facility constitute a 
``substantial modification'' for purposes of the location standards of 
F.S. 403.7211.
    Broader-in-scope requirements are not part of the State's 
authorized program and EPA cannot enforce them. Although these 
requirements must be complied with in accordance with State law, they 
are not RCRA requirements.
    With this immediate final rule, EPA is also correcting an error 
that appeared in the February 7, 2011, Federal Register document 
authorizing certain other changes to Florida's hazardous waste program. 
At that time, EPA concluded that Florida's universal pharmaceutical 
waste rule, F.A.C. 62-730.186, was broader in scope than the Federal 
program. This determination was in error. Florida was previously 
authorized on April 1, 1997, 62 FR 15407, for its universal waste 
rules, F.A.C. 62-730.185, which allow the State to add additional 
wastes to its list of universal wastes. As a result, Florida's addition 
of hazardous pharmaceutical waste to its universal waste rules is 
appropriate and consistent with 40 CFR part 273, subpart G. Therefore, 
at this time, EPA is authorizing the specific management requirements 
for universal pharmaceutical waste as set forth at F.A.C. 62-730.186, 
as revised on April 23, 2013. These requirements are different, but 
equivalent to, the Federal program.

I. Who handles permits after the authorization takes effect?

    Florida will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. EPA will continue 
to administer

[[Page 60759]]

any RCRA hazardous waste permits or portions of permits which EPA 
issued prior to the effective date of this authorization until they 
expire or are terminated. EPA will not issue any more 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 Florida is 
not authorized.

J. How does today's action affect Indian Country (18 U.S.C. 1151) in 
Florida?

    Florida is not authorized to carry out its hazardous waste program 
in Indian Country within the State, which includes the Seminole Tribe 
of Florida and the Miccosukee Tribe of Indians of Florida. EPA will 
continue to implement and administer the RCRA program in these lands.

K. What is codification and is EPA codifying Florida'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 Florida's changes at this time. However, 
EPA reserves the amendment of 40 CFR part 272, subpart K, for the 
authorization of Florida's program changes at a later date.

L. Administrative Requirements

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. This 
action authorizes State requirements for the purpose of RCRA 3006 and 
imposes no additional requirements beyond those imposed by State law. 
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 
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), 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 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. 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.).
    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. 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 will be effective December 8, 2014, unless objections to this 
authorization are received.

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: August 27, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2014-24006 Filed 10-7-14; 8:45 am]
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