[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Proposed Rules]
[Pages 31338-31342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12932]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R10-RCRA-2015-0307; FRL-9928-38-Region 10]
Idaho: Authorization of State Hazardous Waste Management Program
Revision
AGENCY: Environmental Protection Agency (EPA).
[[Page 31339]]
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Idaho has applied to the EPA for final authorization of
certain changes to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA), as amended. RCRA allows the EPA
to authorize State hazardous waste management programs if the EPA finds
that such programs are equivalent to and consistent with the Federal
program and provide adequate enforcement of compliance. The EPA has
reviewed Idaho's application, has preliminarily determined these
changes satisfy all requirements needed to qualify for final
authorization, and is proposing to authorize the State's changes.
DATES: Comments on this proposed rule must be received on or before
July 2, 2015.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2015-0307 by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: [email protected].
Mail: Barbara McCullough, U.S. EPA, Region 10, 1200 Sixth
Avenue, Suite 900, Mail Stop AWT-150, Seattle, Washington 98101.
Hand Delivery: Barbara McCullough, U.S. EPA, Region 10,
1200 Sixth Avenue, Suite 900, Mail Stop AWT-150, Seattle, Washington
98101. Such deliveries are only accepted during the normal business
hours of operation; special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R10-RCRA-
2015-0307. The 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 the 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 the 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
through www.regulations.gov, the 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 the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
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 the
EPA's public docket visit the EPA Docket Center homepage at http://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 at the EPA Region 10 Library,
1200 Sixth Avenue, First Floor Lobby, Seattle, Washington 98101. The
EPA Region 10 Library is open from 9:00 a.m. to noon, and 1:00 to 4:00
p.m. PST Monday through Friday, excluding legal holidays. The EPA
Region 10 Library telephone number is (206) 553-1289.
FOR FURTHER INFORMATION CONTACT: Barbara McCullough, U.S. EPA, Region
10, 1200 Sixth Avenue, Suite 900, Mail Stop AWT-150, Seattle,
Washington 98101, email: [email protected] or phone number
(206) 553-2416.
SUPPLEMENTARY INFORMATION:
I. Proposed Authorization Revision
A. Why are revisions to State programs necessary?
States which have received final authorization from the 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 the EPA to authorize their
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 the EPA's regulations codified in Title 40 of the
Code of Federal Regulations (CFR) Parts 124, 260 through 268, 270, 273,
and 279.
B. What decisions have we made in this proposed rule concerning
authorization?
The EPA has preliminarily determined that Idaho's application to
revise its authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we are proposing to grant
Idaho final authorization to operate its hazardous waste management
program with the changes described in the authorization application.
Idaho 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 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 the
EPA promulgates under the authority of HSWA, and which are not less
stringent than existing requirements, take effect in authorized States
before the States are authorized for the requirements. Thus, the EPA
will implement those requirements and prohibitions in Idaho, including
issuing permits, until the State is granted authorization to do so.
C. What will be the effect if Idaho is authorized for these changes?
If Idaho is authorized for these changes, a facility in Idaho
subject to RCRA will have to comply with the authorized State
requirements in lieu of the corresponding Federal requirements to
comply with RCRA. Additionally, such facilities will have to comply
with any applicable Federal requirements, such as, for example, HSWA
regulations issued by the EPA for which the State has not received
authorization, and RCRA requirements that are not supplanted by
authorized State requirements. Idaho continues to have enforcement
authorities and responsibilities under its State hazardous waste
management program for violations of the requirements of this program.
However, the EPA retains authority under RCRA sections 3007, 3008,
3013, and 7003, which includes, among others, the authority to:
Conduct inspections; which may include but are not limited
to requiring monitoring, tests, analyses, and/or reports;
[[Page 31340]]
Enforce RCRA requirements which may include but are not
limited to suspending, terminating, modifying and/or revoking permits;
and
Take enforcement actions regardless of whether the State
has taken its own actions.
The action to approve these revisions will not impose additional
requirements on the regulated community because the regulations for
which Idaho is requesting authorization are already effective under
State law and are not changed by the act of authorization.
D. What happens if the EPA receives comments on this action?
If the EPA receives comments on this action, we will address those
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this authorization, you should do so
at this time.
E. What has Idaho previously been authorized for?
Idaho initially received final authorization for its hazardous
waste management program effective April 9, 1990 (55 FR 11015, March
26, 1990). Subsequently, the EPA authorized revisions to the State's
program effective June 5, 1992 (57 FR 11580, April 6, 1992), August 10,
1992 (57 FR 24757, June 11, 1992), June 11, 1995 (60 FR 18549, April
12, 1995), January 19, 1999 (63 FR 56086, October 21, 1998), July 1,
2002 (67 FR 44069, July 1, 2002), March 10, 2004 (69 FR 11322, March
10, 2004), July 22, 2005 (70 FR 42273, July 22, 2005), February 26,
2007 (72 FR 8283, February 26, 2007), December 23, 2008 (73 FR 78647,
December 23, 2008) and July 11, 2012 (77 FR 34229, June 11, 2012).
F. What changes are we proposing?
On February 11, 2015, Idaho submitted a program revision
application to the EPA requesting authorization for all delegable
Federal hazardous waste regulations codified as of July 1, 2012,
incorporated by reference in IDAPA 58.01.05.000 et seq., which were
adopted and effective in the State of Idaho on April 4, 2013. This
authorization revision request includes the following federal rules for
which Idaho is being authorized for the first time: Removal of
Saccharin and its Salts from the Lists of Hazardous Constituents,
Hazardous Wastes, and Hazardous Substances, 75 FR 78918, December 17,
2010; Technical Corrections to the Academics Lab Rule, 75 FR 79304,
December 20, 2010; Revisions to the Treatment Standards for Carbamate
Wastes, 76 FR 34147, June, 13, 2011; Hazardous Waste Manifest Printing
Specifications Corrections, 76 FR 36363, June 22, 2011; and Hazardous
Waste Technical Corrections and Clarifications Rule, 77 FR 22229, April
13, 2012. The EPA proposes to revise the state's authorized hazardous
waste program in its entirety through July 1, 2013. There were no final
federal RCRA hazardous waste regulations promulgated by the EPA from
July 1, 2012 to July 1, 2013. Notice and an opportunity for the public
to comment on this proposed authorization revision is being provided at
this time.
G. Where are the revised State rules different from the Federal rules?
Under RCRA section 3009, the EPA may not authorize State law that
is less stringent than the Federal program. Any State law that is less
stringent does not supplant the Federal regulations. State law that is
broader in scope than the Federal program requirements is not
authorized. State law that is equivalent to, and State law that is more
stringent than, the Federal program may be authorized, in which case
those provisions are enforceable by the EPA. This section discusses
certain rules where the EPA has made the finding that Idaho's program
is more stringent and will be authorized, and discusses certain
portions of the Federal program that are not delegable to the State
because of the Federal government's special role in foreign policy
matters and because of national concerns that arise with certain
decisions.
The EPA does not authorize States to administer Federal import and
export functions in any section of the RCRA hazardous waste
regulations. Even though States do not receive authorization to
administer the Federal government's import and export functions, found
in 40 CFR part 262, subparts E, F and H, State programs are required to
adopt the Federal import and export provisions to maintain their
equivalency with the Federal program. Idaho amended its import and
export laws to include the Federal rule on Organization for Economic
Cooperation and Development (OECD) Requirements; Export Shipments of
Spend Lead-Acid Batteries (75 FR 1236, January 8, 2010). The State's
rule is found at IDAPA 58.01.05.006. The EPA will continue to implement
those requirements directly through the RCRA regulations.
The EPA has found that Idaho's Emergency Notification Requirements,
(IDAPA 58.01.05.006.02), are more stringent than the Federal program.
This is because the State's regulations require that the State
Communications Center be contacted along with the Federal Center. The
EPA has found the State's statutory requirement requiring hazardous
waste generators and commercial hazardous waste disposal facilities to
file annual hazardous waste generation reports, Idaho Code Section 39-
4411(4) and 39-4411(5), to be more stringent than the Federal program.
As the EPA can authorize rules that are determined to be more stringent
than the Federal program, this requirement is authorized.
H. Who handles permits after the authorization takes effect?
Idaho will continue to issue permits for all the provisions for
which it is authorized and will administer the permits it issues. If
the EPA issued permits prior to authorizing Idaho for these revisions,
these permits would continue in force until the effective date of the
State's issuance or denial of a State hazardous waste permit, at which
time the EPA would modify the existing EPA permit to expire at an
earlier date, terminate the existing EPA permit for cause, or allow the
existing EPA permit to otherwise expire by its terms, except for those
facilities located in Indian Country. The EPA will not issue new
permits or new portions of permits for provisions for which Idaho is
authorized after the effective date of this authorization. The EPA will
continue to implement and issue permits for HSWA requirements for which
Idaho is not authorized.
I. How would authorizing Idaho for these revisions affect Indian
country (18 U.S.C. 1151) in Idaho?
Idaho 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 Idaho;
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, this action has no effect on
Indian country. The EPA will continue to implement and administer the
RCRA program on these lands.
II. Statutory and Executive Order Reviews
This proposed rule seeks to revise the State of Idaho's authorized
hazardous waste program pursuant to section 3006 of RCRA and imposes no
requirements other than those currently imposed by State law. This
proposed rule complies
[[Page 31341]]
with applicable executive orders and statutory provisions as follows:
A. Executive Order 12866 and 13563
This action will authorize revisions to the federally approved
hazardous waste program in Idaho. This type of action is exempt from
review under Executive Order (E.O.) 12866 (58 FR 51735, October 4,
1993), and Executive Order 13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This proposed rule does not
establish or modify any information or recordkeeping requirements for
the regulated community.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et
seq., generally requires Federal agencies to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
this proposed rule on small entities, small entity is defined as: (1) A
small business, as codified in the Small Business Size Regulations at
13 CFR part 121; (2) a small governmental jurisdiction that is a
government of a city, county, town, school district or special district
with a population of less than 50,000; and (3) a small organization
that is any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field. The EPA has determined that
this proposed action will not have a significant impact on small
entities because the proposed rule will only have the effect of
authorizing pre-existing requirements under State law and imposes no
additional requirements beyond those imposed by State law. After
considering the economic impacts of this action, I certify that this
action will not have a significant economic impact on a substantial
number of small entities.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. This action imposes no new enforceable duty on any State, local
or tribal governments or the private sector. Therefore this action is
not subject to the requirements of sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203 of
the UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small government entities.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It 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. This rule proposes to authorize
pre-existing State rules. Thus, Executive Order 13132 does not apply to
this action. Although section 6 of Executive Order 13132 does not apply
to this action, the EPA did consult with officials of the State of
Idaho Department of Environmental Quality in developing this action. In
the spirit of E.O. 13132 and consistent with the EPA policy to promote
communications between the EPA and state and local governments, the EPA
specifically solicits comment on this proposed action from state and
local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. This action proposes to authorize pre-existing
State rules. Thus, the EPA has determined that Executive Order 13175
does not apply to this rule. The EPA specifically solicits comment on
this proposed action from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern health
or safety risks, such that the analysis required under section 5-501 of
the E.O. has the potential to influence the regulation. This action is
not subject to E.O. 13045 because it proposes to authorize pre-existing
State rules.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a ``significant regulatory action'' as
defined under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus bodies. The NTTAA directs the EPA to
provide Congress, through the OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
proposed action does not involve technical standards. Therefore the EPA
is not considering the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (E.O.) 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.
The EPA has determined that this proposed action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action proposes to authorize pre-existing State rules
which are equivalent to, and no less stringent than, existing federal
requirements.
[[Page 31342]]
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 proposed 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: May 18, 2015.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2015-12932 Filed 6-1-15; 8:45 am]
BILLING CODE 6560-50-P