[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Proposed Rules]
[Pages 17021-17024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07347]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2014-0689; FRL-9925-55-Region 5]


Michigan: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Michigan has applied to EPA for final authorization of the 
revisions to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA). EPA has reviewed Michigan's 
application with regards to federal requirements and is proposing to 
authorize the State's program revisions.

DATES: Comments on this proposed rule must be received on or before 
June 1, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2014-0689, by one of the following methods:
    Web site: www.regulations.gov: Follow the online instructions for 
submitting comments.
    Email: [email protected].
    Mail: Judith Greenberg, Michigan Regulatory Specialist, RCRA/TSCA 
Programs Section, RCRA Branch, Land and Chemicals Division, U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
LR-8J, Chicago, Illinois 60604.
    Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2014-0689. 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 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 CD-ROM or other 
electronic media 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 or 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 http://www.epagov/epahome/dockets/.
    Docket: 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., CBI or other information 
for which 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 Michigan's application from 9:00 a.m. to 4:00 p.m. at the 
following addresses: U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois, contact: Judith Greenberg, 
telephone (312) 886-4179; or Michigan Department of Environmental 
Quality, Constitution Hall, 525 West Allegan Street, Lansing, Michigan, 
contact: Ronda Blayer, telephone (517) 284-6555.

FOR FURTHER INFORMATION CONTACT: Judith Greenberg, Michigan Regulatory 
Specialist, RCRA/TSCA Programs Section, RCRA Branch, Land and Chemicals 
Division, U.S. Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, LR-8J, Chicago, Illinois 60604. Judith Greenberg can 
be reached by telephone at (312) 886-4179 or via email at 
[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 have made a tentative decision that Michigan's application to 
revise its authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we propose to grant 
Michigan final authorization to operate its hazardous waste program 
with the revisions described in the authorization application. Michigan 
will have 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 program revision 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 Michigan, 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 tentative decision, once finalized, is that a 
facility in Michigan subject to RCRA would have to comply with the 
authorized state requirements instead of the equivalent federal 
requirements in order to comply with RCRA. Michigan has enforcement 
responsibilities under its state hazardous waste program for violations 
of such program, but EPA retains its authority under RCRA sections 
3007, 3008, 3013, and 7003, which include among others, authority to:
    1. Perform inspections, and require monitoring, tests, analyses or 
reports;
    2. Enforce RCRA requirements and suspend or revoke permits; and
    3. Take enforcement actions regardless of whether the State has 
taken its own actions.

[[Page 17022]]

    This action will not impose additional requirements on the 
regulated community because the regulations for which Michigan will be 
authorized are already effective, and will not be changed by EPA's 
final action.

D. What happens if EPA receives adverse comments on this action?

    If EPA receives adverse comments on this authorization, we will 
address all public comments in a later Federal Register. You may not 
have another opportunity to comment. If you want to comment on this 
authorization, you must do so at this time.

E. What has Michigan previously been authorized for?

    Michigan initially received final authorization on October 16, 
1986, effective October 30, 1986 (51 FR 36804-36805), to implement the 
RCRA hazardous waste management program. We granted authorization for 
changes to Michigan's program on November 24, 1989, effective January 
23, 1990 (54 FR 48608); on January 24, 1991, effective June 24, 1991 
(56 FR 18517); on October 1, 1993, effective November 30, 1993 (58 FR 
51244); on January 13, 1995, effective January 13, 1995 (60 FR 3095); 
on February 8, 1996, effective April 8, 1996 (61 FR 4742); on November 
14, 1997, effective November 14, 1997 (62 FR 61775); on March 2, 1999, 
effective June 1, 1999 (64 FR 10111); on July 31, 2002, effective July 
31, 2002 (67 FR 49617); on March 9, 2006, effective March 9, 2006 (71 
FR 12141); on January 7, 2008 (73 FR 1077), effective January 7, 2008; 
and on March 2, 2010, effective March 2, 2010 (75 FR 9345).

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

    On June 9, 2014, Michigan submitted its final application seeking 
authorization of hazardous waste program revisions in accordance with 
40 CFR 271.21. We have determined, subject to receipt of written 
comments that oppose this action, that Michigan's program revisions 
satisfy all of the requirements necessary to qualify for final 
authorization. Therefore, we propose to grant Michigan final 
authorization for the following program changes:

----------------------------------------------------------------------------------------------------------------
                                        Federal Register date
  Description of federal requirement    and page (and/or RCRA               Analogous state authority
  and revision checklist number \1\      statutory authority)
----------------------------------------------------------------------------------------------------------------
NESHAP: Final Standards for Hazardous  April 8, 2008, 73 FR     R 299.9623, effective November 5, 2013.
 Waste Combustors (Phase I Final        18970.
 Replacement Standards and Phase II)
 Amendments, Checklist 217.
F019 Exemption for Wastewater          June 4, 2008, 73 FR      R 299.9220, R 299.9307(6) and (7), effective
 Treatment Sludges from Auto            31756.                   November 5, 2013.
 Manufacturing Zinc Phosphating
 Processes, Checklist 218.
Academic Laboratories Generator        December 1, 2008, 73 FR  R 299.9205(5)(j), R 299.9301(9), R 299.9313 and
 Standards, Checklist 220.              72912.                   R 299.11003(1)(k) and (2), effective November
                                                                 5, 2013.
OECD Requirements: Export Shipments    January 8, 2010, 75 FR   R 299.9601(2)(c), (3) and (9), effective
 of Spent Lead-Acid Batteries,          1236.                    December 16, 2004.
 Checklist 222.                                                 R 299.9401(5), effective March 17, 2008.
                                                                R 299.9301(7), R 299.9309(1), (3) and (4), R
                                                                 299.9312(1) and (2), R 299.9605(1) and (4), R
                                                                 299.9608(1), (4) and (8), R 299.9804(7) and
                                                                 (8), and R 299.11003(1)(k), (m), (n) and (p)
                                                                 and (2), effective November 5, 2013.
Hazardous Waste Technical Corrections  March 16, 2010, 75 FR    R 299.9302(2), effective June 21, 1994.
 and Clarifications Rule, as amended,   12989; and June 4,      R 299.9209(7), R 299.9311, R 299.9413 and R
 Checklist 223.                         2010, 75 FR 31716.       299.9803(4), effective September 11, 2000.
                                                                R 299.9619(1) and (8), R 299.9627 and R
                                                                 299.9635(5) and (12), effective December 16,
                                                                 2004.
                                                                R 299.9222, R 299.9310(2) and R 299.9404(1)(b),
                                                                 effective March 17, 2008.
                                                                R 299.9105(l), R 299.9106(t), R 299.9202(2)(c),
                                                                 R 299.9204(1)(v)(vi), R 299.9205(1)(b),
                                                                 (1)(b)(ii), (2), (3)(a) and (b), R
                                                                 299.9206(1)(b) and (d), (2), (2)(b) and (3), R
                                                                 299.9207(1), (2), (3) and (5), R
                                                                 299.9212(3)(h), R 299.9213(2) and (3), R
                                                                 299.9220, R 299.9225, R 299.9304(1)(b), (2)(d)
                                                                 and (6), R 299.9306(1) and (1)(b) and (d), (2),
                                                                 (3), (3)(b), (4)(c), (6) and (7), R
                                                                 299.9308(1), (3) and (6), R 299.9503(1)(c), R
                                                                 299.9516(5), R 299.9607(1) and (4), R
                                                                 299.9608(3), (6) and (8), R 299.9801(3) and
                                                                 (7), R 299.9804(3), R 299.9808(3)(c), (7) and
                                                                 (8), R 299.11003(1)(j), (k), (m), (n) and (u)
                                                                 and (2), effective November 5, 2013.
Removal of Saccharin and Its Salts,    December 17, 2010, 75    R 299.9311, R 299.9413, effective September 11,
 Checklist 225.                         FR 78918.                2000.
                                                                R 299.9627, effective December 16, 2004.
                                                                R 299.11003(1)(n) and (2), effective November 5,
                                                                 2013.
Corrections to the Academic Generator  December 20, 2010, 75    R 299.9313(2) and (3), R 299.11003(1)(k) and
 Standards, Checklist 226.              FR 79304.                (2), effective November 5, 2013.
Revisions of the Treatment Standards   June 13, 2011, 75 FR     R 299.9311 and R 299.9413, effective September
 for Carbamate Wastes, Checklist 227.   34147.                   11, 2000.
                                                                R 299.9627, effective September 11, 2004.
                                                                R 299.11003(1)(u) and (2), effective November 5,
                                                                 2013.
Hazardous Waste Technical Corrections  April 13, 2012, 77 FR    R 299.9222, effective March 17, 2008.
 and Clarifications, Checklist 228.     22229.                  R 299.9801(3), effective November 5, 2013.
----------------------------------------------------------------------------------------------------------------
\1\ Revision Checklists generally reflect changes to federal regulations pursuant to a particular Federal
  Register notice; EPA publishes these checklists as aids to states to use for development of their
  authorization revision application. See EPA's RCRA State Authorization Web site at http://www.epa.gov/epawaste/laws-regs/state/index.htm.


[[Page 17023]]


                   Equivalent State-Initiated Changes
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                                                       Effective date of
            Michigan administrative rules                amended State
                                                          requirement
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R 299.9102 (definition of ``construction permit''      November 5, 2013.
 removed), R 299.9106(e) (definition of ``operating
 license'' modified), R 299.9224, R 299.9225, R
 299.9304(2)(b), R 299.9409(4), R 299.9501 (except
 second sentence only of paragraph (3)(d)), R
 299.9505, R 299.9524, R 299.9603, R 299.9604(2), R
 299.9605, R 299.9609, R 299.9610(3), R 299.9612, R
 299.9615, R 299.9616, R 299.9623, R 299.9629, R
 299.9640, R 299.9707, R 299.9708, R 299.9808, and R
 299.9821.
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G. Which revised state rules are different from the federal rules?

    The most significant differences between the state rules we are 
proposing to authorize and federal rules are summarized below. It 
should be noted that this summary does not describe every difference or 
every detail regarding the differences that are described. Members of 
the regulated community are advised to read the complete rules to 
ensure that they understand the requirements with which they will need 
to comply.
    There are aspects of the Michigan program which are more stringent 
than the federal program. All of these more stringent requirements are 
or will become part of the federally enforceable RCRA program when 
authorized by the EPA, and must be complied with in addition to the 
state requirements which track the minimum federal requirements. These 
more stringent requirements are found at (references are to the 
Michigan Administrative Code):
    Michigan does not allow containment buildings, making the state 
requirements more stringent than the federal requirements at 40 CFR 
262.10(f), (k)(1) and (k); 262.11(d); 262.41(b); 263.12; 40 CFR part 
264 subpart DD; 40 CFR 265 subpart DD; and 40 CFR part 264 appendix I, 
Tables 1 and 2.
    Michigan's rules at R 299.9220 are more stringent than the federal 
analog at 40 CFR 261.31 since the State's listing of F019 includes 
recordkeeping requirements as a condition of the exemption of 
wastewater treatment sludge generated from zinc phosphating, when zinc 
phosphating is used in the automobile assembly process, while the 
federal analog at 40 CFR 261.31 has separate recordkeeping requirements 
for generators claiming the exemption, rather than having the 
recordkeeping requirements as a condition of the exemption.
    Michigan's rules at R 299.9601(1), (2), (2)(b), (c), (d), (e), (f), 
(g), (h) and (i); R 299.9608(1), (6) and (8); R 299.9615; and R 
299.9702(1) are more stringent than the federal analogs at 40 CFR 
265.56(b), 265.71, 265.72, 265.142(a), 265.174, 265.190(a), 265.193, 
265.194, 265.197, 265.201, and 265.340(b)(1) since the State rules 
include provisions that require compliance with standards equivalent to 
40 CFR part 264 rather than 40 CFR part 265.
    Michigan's rules at R 299.9601(2)(a) and R 299.9602 are more 
stringent since the rules impose requirements regarding environmental 
and human health standards generally.
    Michigan's rules at R 299.9615(4) are more stringent since the 
State rules require tank systems to comply with Michigan 1941 Act 207 
standards (which govern above-ground storage tanks).
    Michigan's rules at R 299.9623(9) are more stringent since the 
State rules require incinerators to comply with Michigan Part 55 
standards (which address air pollution).
    Michigan's rules at R 299.9629(7)-(7)(c) are more stringent since 
the State rules require timely notification of an exceedance of a 
groundwater surface water interface standard based on acute toxicity 
and established pursuant to part 201 and part 31 of act 451 and 
implementation of interim measures to prevent exceedance at the 
monitoring wells along with a proposal and schedule for completing 
corrective action to prevent a discharge that exceeds the standard.
    Michigan's rules at R 299.11002(1) and (2) are more stringent than 
the federal analogs at 40 CFR 260.11(d) and (d)(1) since the State 
adopts updated versions of the ``Flammable and Combustible Liquids 
Code.''
    There are also aspects of Michigan's revised program which are 
broader in scope than the federal program. State provisions that EPA 
determines are broader in scope are not part of the federally 
authorized program and are not federally enforceable. Michigan's 
program revisions include the following rules that are broader in scope 
than the federal program (references are to the Michigan Administrative 
Code):
    R 299.9226, R 299.9501(3)(d) (second sentence only) and R 299.9507, 
as amended effective November 5, 2013.
    The following Michigan administrative rules that were broader in 
scope than the federal program were rescinded effective November 5, 
2013 (references are to the Michigan Administrative Code):
    R 299.9221 (Table 203b), R 299.9223 (Table 204b), R 299.9904, R 
299.9905, R 299.9906, and R 299.11101, R 299.11102, R 299.11103, R 
299.11104, R 299.11105, R 299.11106, and R 299.11107.

H. Who handles permits after final authorization takes effect?

    Michigan 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 EPA issued prior to the effective date of the proposed 
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 the 
authorization. EPA will continue to implement and issue permits for 
HSWA requirements for which Michigan is not yet authorized.

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

    Michigan is not authorized to carry out its hazardous waste program 
in Indian Country within the State, as defined in 18 U.S.C. 1151. This 
includes:
    1. All lands within the exterior boundaries of Indian reservations 
within the State of Michigan;
    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, authorizing Michigan for these revisions would not 
affect Indian Country in Michigan. EPA would continue to implement and 
administer the RCRA program in Indian Country. It is EPA's long-
standing position that the term ``Indian lands'' used in past Michigan 
hazardous waste approvals is synonymous with the term ``Indian 
Country.'' Washington Dep't of Ecology

[[Page 17024]]

v. U.S. EPA, 752 F.2d 1465, 1467, n.1 (9th Cir. 1985). See 40 CFR 144.3 
and 258.2.

J. What is codification and is EPA codifying Michigan's hazardous waste 
program as authorized in this rule?

    Codification is the process of placing a state's statutes and 
regulations that comprise a 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. Michigan's rules, up to and 
including those revised October 19, 1991, have previously been codified 
through incorporation-by-reference effective April 24, 1989 (54 FR 
7421, February 21, 1989); as amended effective March 31, 1992 (57 FR 
3724, January 31, 1992). We reserve the amendment of 40 CFR part 272, 
subpart X, for the codification of Michigan's program changes until a 
later date.

K. Statutory and Executive Order Reviews

    This proposed 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 18266: 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 
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 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 proposes authorization of 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).

List of Subjects in 40 CFR Part 271

    Environmental protection; Administrative practice and procedure; 
Confidential business information; Hazardous materials transportation; 
Hazardous waste; Indians-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: January 15, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-07347 Filed 3-30-15; 8:45 am]
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