[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Rules and Regulations]
[Pages 14327-14332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05464]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2016-0497; FRL-9959-14-Region 4]


Alabama: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Alabama has applied to the United States 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 direct 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 Alabama'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 
direct 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 May 19, 2017 
unless EPA receives adverse written comment by April 19, 2017. If EPA 
receives such comment, EPA will publish a timely withdrawal of this 
direct 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-2016-0497, by one of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the on-line instructions for submitting comments.
     Email: baker.audrey@epa.gov.
     Fax: (404) 562-9964 (prior to faxing, please notify the 
EPA contact listed below).
     Mail: Send written comments to Audrey Baker, RCRA Programs 
and Materials Management Section, Materials and Waste Management 
Branch, Resource Conservation and Restoration 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 Audrey 
Baker, RCRA Programs and Materials Management Section, Materials and 
Waste Management Branch, Resource Conservation and Restoration 
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

[[Page 14328]]

arrangements should be made for deliveries of boxed information.
    Instructions: EPA must receive your comments by April 19, 2017. 
Direct your comments to Docket ID No. EPA-R04-RCRA-2016-0497. 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 publicly 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 
at www.regulations.gov, or in hard copy.
    You may view and copy Alabama's applications and associated 
publicly available materials from 8:00 a.m. to 4:00 p.m. at the 
following locations: EPA Region 4, Resource Conservation and 
Restoration Division, Atlanta Federal Center, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8483; and the 
Alabama Department of Environmental Management, 1400 Coliseum 
Boulevard, Montgomery, Alabama 36110-2059; telephone number: (334) 271-
7700. Interested persons wanting to examine these documents should make 
an appointment with the office at least a week in advance.

FOR FURTHER INFORMATION CONTACT: Audrey Baker, RCRA Programs and 
Materials Management Section, Materials and Waste Management Branch, 
Resource Conservation and Restoration Division, U.S. Environmental 
Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8483; fax 
number: (404) 562-9964; email address: baker.audrey@epa.gov.

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 Alabama, 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 July 20, 2015 and August 15, 2016, Alabama 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, 2006 through June 30, 2008, and July 1, 
2011 through June 30, 2014 (also known as RCRA Clusters XVII through 
XVIII, and XXII through XXIII). EPA concludes that Alabama'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 Alabama 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.
    Alabama 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 
Alabama's authorization applications will become part of the authorized 
State hazardous waste program, and will therefore be federally 
enforceable. Alabama 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 Alabama 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 direct 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.

[[Page 14329]]

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

    If EPA receives comments that oppose this authorization, EPA will 
withdraw today's direct 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 
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 direct 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 Alabama previously been authorized for?

    Alabama initially received final authorization on December 8, 1987, 
effective December 22, 1987 (52 FR 46466), to implement a hazardous 
waste management program. EPA granted authorization for changes to 
Alabama's program on the following dates: November 29, 1991, effective 
January 28, 1992 (56 FR 60926); May 13, 1992, effective July 12, 1992 
(57 FR 20422); October 21, 1992, effective December 21, 1992 (57 FR 
47996); March 17, 1993, effective May 17, 1993 (58 FR 20422); September 
24, 1993, effective November 23, 1993 (58 FR 49932); February 1, 1994, 
effective April 4, 1994 (59 FR 4594); November 14, 1994, effective 
January 13, 1995 (59 FR 56407); August 14, 1995, effective October 13, 
1995 (60 FR 41818); February 14, 1996, effective April 15, 1996 (61 FR 
5718); April 25, 1996, effective June 24, 1996 (61 FR 5718); November 
21, 1997, effective February 10, 1998 (62 FR 62262); December 20, 2000, 
effective February 20, 2001 (65 FR 79769); March 15, 2005, effective 
May 16, 2005 (70 FR 12593); June 2, 2005, effective August 1, 2005 (70 
FR 32247); September 13, 2006, effective November 13, 2006 (71 FR 
53989); and April 2, 2008, effective June 2, 2008 (73 FR 17924).

G. What changes is EPA authorizing with this action?

    On July 20, 2015 and August 15, 2016, Alabama 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 Alabama'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 Alabama final authorization 
for the following program changes:

----------------------------------------------------------------------------------------------------------------
     Description of Federal
          requirement               Federal Register date and page           Analogous state authority \1\
----------------------------------------------------------------------------------------------------------------
Checklist 214, Corrections to    71 FR 40254 7/14/06................  335-14-1-.02(117)(b); -02(167); -.02(178);
 Errors in the Code of Federal                                         -.02(180); -.02(196); -.02(205); -
 Regulations.                                                          .02(266); -.02(273);
                                                                      335-14-1-.03(2)(a)1.; -.03(2)(d)1.(ii); -
                                                                       .03(20)(a); -.03(21);
                                                                      335-14-2-.01(2)(c)1.(i); -.01(3)(a)2.(i);
                                                                       .01(4)(a)20.(v); -.01(4)(b)6.(i)(II); -
                                                                       .01(4)(b)6.(ii); -.01(4)(b)6.(ii)(IV)-
                                                                       (V); -.01(4)(b)9.; -.01(4)(e)2.(vi); -
                                                                       .01(4)(e)3.(i); -.01(6)(a)2.(ii)-(iv); -
                                                                       .01(6)(c)2.;
                                                                      335-14-2-.03(2)(a)3.; -.03(2)(a)3.(i)-
                                                                       (ii); -.03(2)(a)3.(ii)(I)-(IV); -
                                                                       .03(2)(a)4.; -.03(2)(a)4.(i); -
                                                                       .03(2)(a)4.(i)(I)-(IV); -
                                                                       .03(2)(a)4.(i)(IV) Notes 1-4; -.03(5)(b);
                                                                      335-14-2-.04(2)(a)/Table; -.04(3)(a)/Table
                                                                       ``K107'' and ``K069'' entries; -
                                                                       .04(4)(e); -.04(4)(e)/Comment; -.04(4)(e)/
                                                                       Table; -.04(4)(f); -.04(4)(f)/Table;
                                                                      335-14-2 Appendices VII-VIII;
                                                                      335-14-3-.03(5)(a)1.(iv);
                                                                      335-14-3-.05(4)(b); -.05(7)(b); -
                                                                       .05(9)(a)1.;
                                                                      335-14-3-.07(1);
                                                                      335-14-3-.09(3)(a)1.(ii); -.09(4)(b)1.(i);
                                                                       -.09(4)(b)2.(i); -.09(5)(e); -.09(8)(a);
                                                                       .09(8)(a)5.;
                                                                      335-14-5-.01(1)(g)2.; -.01(4);
                                                                      335-14-5-.02(4)(b)7.(iii)(II); -.02(8)(b);
                                                                       -.02(9)(b)2.(iii);
                                                                      335-14-5-.06(8)(a)1.; -.06(8)(a)1.(i); -
                                                                       .06(8)(i)5.; -.06(9)(a)2.; -
                                                                       .06(9)(g)4.(i); -.06(10)(h)2.; -
                                                                       .06(12)(d);
                                                                      335-14-5-.07(2)(c); -.07(3)(b)8.; -.07(6)-
                                                                       (7); -.07(9)(c); -.07(10)(b)1.(ii);
                                                                      335-14-5-.08(1)(c); -.08(3)(b)2.; -
                                                                       .08(4)(b)7.; -.08(4)(b)8.; -.08(4)(e)5.;
                                                                       .08(6)(a)3.(i); -.08(6)(d)6.; -
                                                                       .08(6)(f)11.; -.08(8)(h)1.; -.08(12)(b);
                                                                       .08(12)(f); -.08(12)(g) Letter From Chief
                                                                       Financial Officer; -.08(12)(h)2.
                                                                       Guarantee For Liability Coverage; -
                                                                       .08(12)(h)2. Recitals, Item 13(a)
                                                                       Certification of Valid Claim; -
                                                                       .08(12)(h)2. Recitals, Item 14; -
                                                                       .08(12)(i) Hazardous Waste Facility
                                                                       Liability Endorsement, Item 2(e); -
                                                                       .08(12)(j) Hazardous Waste Facility
                                                                       Certificate of Liability Insurance, Item
                                                                       2(d); -.08(12)(k) Irrevocable Standby
                                                                       Letter of Credit; -.08(12)(k) Certificate
                                                                       of Valid Claim; -.08(12)(l); -.08(12)(l)
                                                                       Certification of Valid Claim; -.08(12)(m)
                                                                       Trust Agreement, Section 8(c); -
                                                                       .08(12)(n)1. Standby Trust Agreement,
                                                                       Sections 3(c)(1), 3(e)(3), 12, and 16;
                                                                      335-14-5-.09(6)(b)1.;
                                                                      335-14-5-.10(4)(c)4. Note; -.10(4)(d)4.; -
                                                                       .10(4)(e)2.(ii)-(iii); -.10(4)(e)2.(v)(I)-
                                                                       (II); -.10(4)(e)3.(i)-(ii); -
                                                                       .10(4)(g)1.(iii)-(iv); -
                                                                       .10(4)(g)2.(i)(I);

[[Page 14330]]

 
                                                                      335-14-5-.11(2)(c)1.(i)(II); -
                                                                       .11(2)(c)2.(ii); -.11(2)(e)1.; -
                                                                       .11(2)(e)2.(i)(II)-(III); -.11(4)(b)1.; -
                                                                       .11(7)(a)2.;
                                                                      335-14-5-.12(2)(a)2.(i)((I); -.12(3)(a)-
                                                                       (b); -.12(10)(b);
                                                                      335-14-5-.13(11)(c)7.; -.13(11)(d); -
                                                                       .13(14)(a);
                                                                      335-14-5-.14(2)(b)2.; -.14(3)(a); -
                                                                       .14(3)(b); -.14(5)(b)1.; -.14(15)(f)2.; -
                                                                       .14(18)(a);
                                                                      335-14-5-.15(5)(b);
                                                                      335-14-5-.19(3)(e)4.(iii); -
                                                                       .19(3)(e)4.(iv)(VI); -
                                                                       .19(3)(e)6.(iii)(V); -.19(4)(e); -
                                                                       .19(5)(a); -.19(6)(e)6.;
                                                                      335-14-5-.23(4)(a)1.; -.23(4)(a)4.(i); -
                                                                       .23(4)(a)5.; -.23(4)(b); -.23(4)(m)2.; -
                                                                       .23(4)(m)3.;
                                                                      335-14-5-.24(1); -.24(2)(a); -
                                                                       .24(2)(b)11.; -.24(2)(c)4.;
                                                                      335-14-5-.27(1); -.27(4)-(6);
                                                                      335-14-5-.28(1); -.28(9); -.28(15);
                                                                      335-14-5-.29(1); -.29(11);
                                                                      335-14-5-.30(2)(b)3.(iii); -.30(2)(c)3.; -
                                                                       .30(2)(c)3.(i); -.30(2)(d); -.30(3)(a);
                                                                      335-14-5-Appendix I/Table 1 and Table
                                                                       2(d);
                                                                      335-14-6-.01(1)(c)4.; -.01(1)(c)6.;
                                                                      335-14-6-.02(3)(a)1.; -.02(5)(b)1.; -
                                                                       .02(7)(b); -.02(10)(c)2.;
                                                                      335-14-6-.04(7)(b);
                                                                      335-14-6-.06(1)(d);
                                                                      335-14-6-.07(1)(b)4.; -.07(2)(c); -
                                                                       .07(3)(b)5.; -.07(3)(d)4.(iii)-(iv); -
                                                                       .07(4)(b); -.07(4)(e)4.; -.07(8)(b); -
                                                                       .07(10)(b)1.(ii);
                                                                      335-14-6-.08(1)(b); -.08(1)(b)2.; -
                                                                       .08(3)(a); -.08(6)(e)11.; -
                                                                       .08(8)(a)1.(i); -.08(8)(b)1.(i)-(ii);
                                                                      335-14-6-.09(5);
                                                                      335-14-6-.10(4)(e)2.(v)(I)-(II); -
                                                                       .10(4)(i)2.; -.10(5)(b)1.; -.10(5)(b)2.;
                                                                      335-14-6-.10(8)(b); -.10(12)(c);
                                                                      335-14-6-.11(2)(d)2.(i)(I)-(II); -
                                                                       .11(5)(b)1.; -.11(9)(a)2.(iii)(IV); -
                                                                       .11(9)(b)2.; -.11(10)(b)2.; -
                                                                       .11(10)(b)3.;
                                                                      335-14-6-.12(6)(b); -.12(10)(b)1.;
                                                                      335-14-6-.13(11)(a)4.; -.13(12)(a)1.;
                                                                      335-14-6-.14(2)(a); -.14(2)(d); -
                                                                       .14(3)(b); -.14(4)(b)1.; -.14(13)(a)1.; -
                                                                       .14(15)(f)1.(ii); -.14(15)(g)2.; -
                                                                       .14(17); -.14(17)(c)-(d);
                                                                      335-14-6-.17(6)(a)1.(i);
                                                                      335-14-6-.23(2)(c); -.23(4)(a)4.(i); -
                                                                       .23(4)(b); -.23(6)(b);
                                                                      335-14-6-.27(4); -.27(6);
                                                                      335-14-6-.28(14);
                                                                      335-14-6-.29(1); -.29(6); -.29(8); -
                                                                       .29(11);
                                                                      335-14-6-.30(1)(d); -.30(2)(b)3.(i)(II); -
                                                                       .30(2)(b)3.(iii); -.30(2)(c)3.; -
                                                                       .30(2)(d);
                                                                      335-14-6-Appendix I/Tables 1 and 2;
                                                                      335-14-6-Appendix V/Table;
                                                                      335-14-6-Appendix VI;
                                                                      335-14-7-.06(1)(a);
                                                                      335-14-7-.07(1)(a)/Table;
                                                                      335-14-7-.08(1); -.08(3)-(4); -.08(7); -
                                                                       .08(10);
                                                                      335-14-7-.14 heading;
                                                                      335-14-7-Appendices III-VII, IX, and XIII;
                                                                      335-14-8-.01(1)(a)2.; -.01(1)(b); -
                                                                       .01(1)(c)1.; -.01(1)(c)3.(i);
                                                                      335-14-8-.02(1)(j)1.; -.02(2)(d)1.; -
                                                                       .02(2)(d)2.; -.02(4)(k)7.; -.02(5)(a); -
                                                                       .02(5)(b)11.(ii); -.02(5)(b)19.(iii); -
                                                                       .02(5)(b)21.; -.02(8)(f); -.02(9)(b); -
                                                                       .02(9)(g); -.02(11)(i)2.; -.02(17)(c)15.;
                                                                      335-14-8-.03(4)(b);
                                                                      335-14-8-.04(2)(c); -.04(3)(b)2.(ii)(I)-
                                                                       (II);
                                                                      335-14-8-.07(1)(a); -.07(3)(b)2.;
                                                                      335-14-9-.01(2); -.01(4); -.01(6)-(7);
                                                                      335-14-9-.02(5);
                                                                      335-14-9-.04(1); -.04(3); -.04(5)-(6); -
                                                                       .04(8)-(9);
                                                                      335-14-9-.05(1);
                                                                      335-14-9-Appendix VIII;
                                                                      335-14-11-.02(4)(b); -.02(5)(a);
                                                                      335-14-11-.03(5)(a);
                                                                      335-14-17-.02(1)(b)2.; -.02(2); -.02(2)/
                                                                       Table 1;
                                                                      335-14-17-.05(5)(c)3.(i); -.05(5)(c)5.; -
                                                                       .05(6)(a); -.05(6)(c)2.; -.05(7)(a);
                                                                      335-14-17-.06(3)(a)-(b); -.06(3)(b)1.(ii);
                                                                       -.06(3)(b)6.(ii)-(iii); -.06(6)(a); -
                                                                       .06(6)(a)2.(i)(II); -.06(7)(a)2.; -
                                                                       .06(8)(a)2.(iii); -.06(10);
                                                                      335-14-17-.07(4)(b)3.; -.07(5)(e); and
                                                                      335-14-17-.08(1)(b)1.

[[Page 14331]]

 
Checklist 215, Cathode Ray       71 FR 42928, 7/28/06...............  335-14-1-.02(28)-(31);
 Tubes Rule.                                                          335-14-2-.01(4)(a)22.(i)-(iv);
                                                                      335-14-2-.04(9); and
                                                                      335-14-2-.05(1)-(3).
Checklist 218, F019 Exemption    73 FR 31756, 6/4/08................  335-14-1-.02(1)(a)(158);
 for Wastewater Treatment                                             335-14-2-.04(2)(b)4.; -.04(2)(b)4.(i); and
 Sludges from Auto                                                     -.04(2)(a)/Table.
 Manufacturing Zinc Phosphating
 Processes.
Checklist 228, Hazardous Waste   77 FR 22229........................  335-14-2-.04(3)(a) entry for K107; and
 Technical Corrections and       4/13/12............................  335-14-7-.03(1)(b).
 Clarifications Rule.
Checklist 229, Conditional       78 FR 46448........................  335-14-1-.02(1)(a)177.; -.02(1)(a)248.; -
 Exclusions for Solvent          7/31/13............................   .02(1)(a)312.;
 Contaminated Wipes.                                                  335-14-2-.01(4)(a)26.; -.01(4)(a)26.(i)-
                                                                       (v); -.01(4)(a)26.(v)(I)-(IV); -
                                                                       .01(4)(a)26.(vi); -.01(4)(b)(18); -
                                                                       .01(4)(b)(18)(i)-(v); -
                                                                       .01(4)(b)(18)(v)(I)-(IV); -
                                                                       .01(4)(b)(18)(vi); and -
                                                                       .01(4)(b)(18)(vi)(I)-(II).
----------------------------------------------------------------------------------------------------------------
\1\ The Alabama provisions are from the Alabama Hazardous Waste Management Rules 335-14-1, effective May 27,
  2008 (Checklists 214 and 215); March 31, 2009 (Checklist 218); March 26, 2013 (Checklist 228); and March 31,
  2015 (Checklist 229).

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

    We consider the following State requirements to be more stringent 
than the Federal requirements: Rules 335-14-2-.01(4)(a)26.(v)(IV) and 
335-14-2-.01(4)(b)(18)(v)(IV) (from RCRA Cluster XXIII, Checklist 229) 
because, in addition to the three types of records required by the 
federal regulation, the State requires generators to maintain in their 
onsite records, documentation that verifies that ``no free liquids'' 
were present in the container prior to shipment. The Federal 
requirements found at 40 CFR 261.4(a)(26)(v) and 261.4(b)(18)(v) do not 
include this record keeping requirement. These requirements are part of 
Alabama's authorized program and are federally enforceable.
    EPA cannot delegate the Federal requirements at 40 CFR 
261.39(a)(5), 261.40, and 261.41 contained in the Cathode Ray Tubes 
Rule set forth in 71 FR 42928 (July 28, 2006). Although Alabama has 
adopted these requirements at Rules 335-14-2-.05(1)(a)5., 335-14-
2-.05(2), and 335-14-2-.05(3), EPA will continue to implement those 
requirements.

I. Who handles permits after the authorization takes effect?

    Alabama 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 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 
Alabama is not authorized.

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

    Alabama is not authorized to carry out its hazardous waste program 
in Indian Country within the State, which includes the Poarch Band of 
Creek Indians. EPA will continue to implement and administer the RCRA 
program in these lands.

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

L. Administrative Requirements

    The Office of Management and Budget (OMB) 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 section 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

[[Page 14332]]

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 May 19, 2017, 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: March 9, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-05464 Filed 3-17-17; 8:45 am]
 BILLING CODE 6560-50-P