[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Proposed Rules]
[Pages 43316-43321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19696]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2017-0381; FRL-9967-23-Region 5]


Ohio: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Ohio has applied to EPA for Final Authorization of the changes 
to its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). EPA has reviewed Ohio's application with regards 
to federal requirements, and is proposing to authorize the state's 
changes.

DATES: Comments on this proposed rule must be received on or before 
October 16, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2017-0381 by one of the following methods:
    http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    Email: [email protected].
    Mail: Gary Westefer, Ohio Regulatory Specialist, LR-17J, U.S. EPA, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Hand Delivery: Gary Westefer, LR-17J, U.S. EPA, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. 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 Number EPA-R05-
RCRA-2017-0381. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://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 
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 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.htm.

[[Page 43317]]

    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 http://www.regulations.gov or in hard copy. You may 
view and copy Ohio's application from 9:00 a.m. to 4:00 p.m. at the 
following addresses: U.S. EPA Region 5, LR-17J, 77 West Jackson 
Boulevard, Chicago, Illinois, contact: Gary Westefer (312) 886-7450; or 
Ohio Environmental Protection Agency, Lazarus Government Center, 50 
West Town Street, Suite 700, Columbus, Ohio, contact: Katherine (Kit) 
Arthur (614) 644-2932.

FOR FURTHER INFORMATION CONTACT: Gary Westefer, Ohio Regulatory 
Specialist, U.S. EPA Region 5, LR-17J, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7450, email [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) of RCRA, 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 Ohio's application to revise 
its authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we propose to grant Ohio 
final authorization to operate its hazardous waste program with the 
changes described in the authorization application. Ohio 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 EPA 
promulgates under the authority of HSWA take effect in authorized 
states before they are authorized for the requirements. Thus, EPA will 
implement those requirements and prohibitions in Ohio, including 
issuing permits, until the state is granted authorization to do so.

C. What will be the effect if Ohio is authorized for these changes?

    If Ohio is authorized for these changes, a facility in Ohio subject 
to RCRA will have to comply with the authorized state requirements 
instead of the corresponding federal requirements in order 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. 
Ohio continues to have enforcement authorities and responsibilities 
under its state hazardous waste program for RCRA violations, but EPA 
retains its authority under RCRA sections 3007, 3008, 3013, and 7003, 
which include among others, authority to:
    1. Conduct inspections which may include but are not limited to 
requiring monitoring, tests, analyses and/or reports;
    1. Enforce RCRA requirements which may include but are not limited 
to suspending, terminating, modifying and/or revoking permits; and
    3. 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 Ohio is requesting authorization are already effective under 
state law, and will not be changed by the act of authorization.

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 Ohio previously been authorized for?

    Ohio initially received final authorization on June 28, 1989, 
effective June 30, 1989 (54 FR 27170, June 28, 1989) to implement the 
RCRA hazardous waste management program. Subsequently the EPA granted 
authorization for changes to the Ohio program effective June 7, 1991 
(56 FR 14203, April 8, 1991) as corrected June 19, 1991, effective 
August 19, 1991 (56 FR 28088); effective September 25, 1995 (60 FR 
38502. July 27, 1995); effective December 23, 1996 (61 FR 54950, 
October 23, 1996); effective January 24, 2003 (68 FR 3429, January 24, 
2003); effective January 20, 2006, (71 FR 3220, January 20, 2006); 
effective October 29, 2007, (72 FR 61063, October 29, 2007, and 
effective March 19, 2012 (77 FR 25966, March 19, 2012).

F. What changes are we proposing with this action?

    On June 13, 2017, Ohio submitted a final program revision 
application, seeking authorization of changes in accordance with 40 CFR 
271.21. We have determined that Ohio's hazardous waste program 
revisions satisfy all of the requirements necessary to qualify for 
Final Authorization. We are now proposing to authorize, subject to 
receipt of written comments that oppose this action, Ohio's hazardous 
waste program revision. We propose to grant Ohio Final Authorization 
for the following program changes:

           Table 1--Ohio's Analogs to the Federal Requirements
------------------------------------------------------------------------
    Description of Federal       Federal Register     Analogous state
          requirement             date and page          authority
------------------------------------------------------------------------
Deferral of LDR Phase IV        December 26,       OAC 3745-270-32, 3745-
 Standards for PCB's as a        2000, 65 FR        270-48, 3745-270-49;
 Constituent Subject to          81373.             Effective September
 Treatment in Soil Checklist                        5, 2010.
 190.
Zinc Fertilizers Made from      July 24, 2002, 67  OAC 3745-51-04, 3745-
 Recycled Hazardous Secondary    FR 48393.          266-20, 3745-270-40;
 Materials Checklist 200.                           Effective September
                                                    5, 2010.

[[Page 43318]]

 
Land Disposal Restrictions:     October 7, 2002,   OAC 3745-270-40;
 National Treatment Variance     67 FR 62617.       Effective September
 to Designate New Treatment                         5, 2010.
 Subcategories for
 Radioactively Contaminated
 Cadmium, Mercury, and Silver
 Containing Batteries:
 Checklist 201.
Hazardous Waste Management      August 5, 2005,    OAC 3745-50-10, 3745-
 System: Modification of the     70 FR 45507.       50-45, 3745-51-09,
 Hazardous Waste Program:                           3745-54-01, 3745-65-
 Mercury Containing Equipment                       01, 3745-270-01,
 Checklist 209.                                     3745-273-01, 3745-
                                                    273-04, 3745-273-09,
                                                    3745-273-13, 3745-
                                                    273-14, 3745-273-32,
                                                    3745-273-33, 3745-
                                                    273-34; Effective
                                                    September 5, 2010.
Resource Conservation and       April 4, 2006, 71  OAC 3745-50-24, 3745-
 Recovery Act Burden Reduction   FR 16861.          50-44, 3745-50-51,
 Initiative Checklist 213.                          3745-51-04, 3745-54-
                                                    16, 3745-54-52, 3745-
                                                    54-56, 3745-54-73,
                                                    3745-54-98, 3745-54-
                                                    99, 3745-54-100,
                                                    3745-55-13, 3745-55-
                                                    15, 3745-55-20, 3745-
                                                    55-43, 3745-55-45,
                                                    3745-55-47, 3745-55-
                                                    91, 3745-55-92, 3745-
                                                    55-93, 3745-55-95,
                                                    3745-56-51, 3745-56-
                                                    80, 3745-57-43, 3745-
                                                    57-47, 3745-57-74,
                                                    3745-57-81, 3745-57-
                                                    83, 3745-57-84, 3745-
                                                    65-16, 3745-65-52,
                                                    3745-65-56, 3745-65-
                                                    73, 3745-65-93, 3745-
                                                    66-13, 3745-66-15,
                                                    3745-66-20, 3745-66-
                                                    43, 3745-66-45, 3745-
                                                    66-47, 3745-66-91,
                                                    3745-66-92, 3745-66-
                                                    93, 3745-66-95, 3745-
                                                    66-101, 3745-67-21,
                                                    3745-67-24, 3745-67-
                                                    80, 3745-68-05, 3745-
                                                    69-41, 3745-69-43,
                                                    3745-69-44, 3745-205-
                                                    101, 3745-256-101,
                                                    3745-266-102, 3745-
                                                    266-103, 3745-270-
                                                    07, 3745-270-09;
                                                    Effective September
                                                    5, 2010.
Hazardous Waste Management      July 28, 2006, 71  OAC 3745-50-10, 3745-
 System: Modification of the     FR 42927.          51-04, 3745-51-39,
 Hazardous Waste Program:                           3745-51-40, 3745-51-
 Cathode Ray Tubes Checklist                        41; Effective
 215.                                               September 5, 2010.
Regulation of Oil-Bearing       January 2, 2008,   OAC 3745-50-10, 3745-
 Hazardous Secondary Materials   73 FR 57.          51-04; Effective
 from the Petroleum Refining                        September 5, 2010.
 Industry Processed in a
 Gasification System to
 Produce Synthesis Gas
 Checklist 216.
NESHAP: National Emission       April 8, 2008, 73  OAC 3745-57-40;
 Standards for Hazardous Air     FR 18970.          Effective September
 Pollutants: Standards for                          5, 2010.
 Hazardous Waste Combustors;
 Amendments Checklist 217.
Hazardous Waste Management      June 4, 2008, 73   OAC 3745-51-31;
 System: Identification and      FR 31756.          Effective September
 Listing of Hazardous Waste:                        5, 2010.
 Amendment to Hazardous Waste
 Code F 019 Checklist 218.
Standards Applicable to         December 1, 2008,  OAC 3745-51-05, 3745-
 Generators of Hazardous         73 FR 72991.       52-10, 3745-52-200,
 Waste: Alternative                                 3745-52-201, 3745-52-
 Requirements for Hazardous                         202, 3745-52-203,
 Waste Determination and                            3745-52-204, 3745-52-
 Accumulation of Unwanted                           205, 3745-52-206,
 Material at Laboratories                           3745-52-207, 3745-52-
 Owned by Colleges and                              208, 3745-52-209,
 Universities and Other                             3745-52-210, 3745-52-
 Eligible Academic Entities                         211, 3745-52-212,
 Formally Affiliated with                           3745-52-213, 3745-52-
 Colleges and Universities                          214, 3745-52-215,
 Checklist 220.                                     3745-52-216;
                                                    Effective September
                                                    5, 2010.
------------------------------------------------------------------------


               Table 2--Equivalent State Initiated Changes
------------------------------------------------------------------------
 
------------------------------------------------------------------------
State Initiated Change:         Ohio rules         OAC 3745-54-72, 3745-
 Manifest Rules.                 amended per        65-72; Effective
                                 request of HQ      September 5, 2010.
                                 memo dated 5/14/
                                 2007, regarding
                                 manifest rule
                                 errors.
State Initiated Change:         Ohio rules         OAC 3745-50-10, 3745-
 Performance Track.              amended per HQ     50-51, 3745-52-34,
                                 memo dated 3/16/   3745-52-211, 3745-54-
                                 2009, that ended   15, 3745-65-15, 3745-
                                 the Performance    66-74, 3745-66-95,
                                 Track Program.     3745-66-101, 3745-
                                                    205-101, 256-101;
                                                    Effective September
                                                    5, 2010.

[[Page 43319]]

 
State Initiated Change:         Hazardous Waste    OAC 3745-50-27, 3745-
 Hazardous Waste and Used Oil:   and Used Oil:      51-31, 3745-51-33,
 Corrections to 40 CFR.          Corrections to     3745-54-01, 3745-54-
                                 40 CFR             73, 3745-54-97, 3745-
                                 (Additional        54-101, 3745-55-11,
                                 corrections from   3745-55-40, 3745-55-
                                 Checklist 214).    51, 3745-55-93, 3745-
                                                    56-21, 3745-56-23,
                                                    3745-57-03, 3745-57-
                                                    04, 3745-57-06, 3745-
                                                    57-72, 3745-57-74,
                                                    3745-57-75, 3745-65-
                                                    73, 3745-66-11, 3745-
                                                    66-12, 3745-66-40,
                                                    3745-67-21, 3745-67-
                                                    24, 3745-67-28, 3745-
                                                    67-55, 3745-67-59,
                                                    3745-68-03, 3745-68-
                                                    05, 3745-68-16, 3745-
                                                    69-43, 3745-69-45,
                                                    3745-205-101, 3745-
                                                    256-101, 3745-266-
                                                    109, 3745-270-04,
                                                    3745-270-07, 3745-
                                                    270-42, 3745-270-45,
                                                    3745-273-34, 3745-
                                                    279-01, 3745-279-11,
                                                    3745-279-43, 3745-
                                                    279-52; Effective
                                                    September 5, 2010.
State Initiated Changes.......  Ohio Rules         3745-50-10, 3745-50-
                                 Reviewed per       11, 3745-50-19, 3745-
                                 119.032, State     50-21, 3745-50-27,
                                 Initiated          3745-50-29, 3745-50-
                                 Changes            30, 3745-50-38, 3745-
                                 (housekeeping).    50-39, 3745-50-41,
                                                    3745-50-42, 3745-50-
                                                    43, 3745-50-44, 3745-
                                                    50-45, 3745-50-51,
                                                    3745-50-53, 3745-50-
                                                    58, 3745-50-62, 3745-
                                                    51-02, 3745-51-03,
                                                    3745-51-04, 3745-51-
                                                    05, 3745-51-06, 3745-
                                                    51-23, 3745-51-31,
                                                    3745-51-33, 3745-51-
                                                    39, 3745-52-10, 3745-
                                                    52-11, 3745-52-12,
                                                    3745-52-34, 3745-52-
                                                    44, 3745-54-52, 3745-
                                                    52-200, 3745-52-203,
                                                    3745-52-204, 3745-52-
                                                    205, 3745-52-206,
                                                    3745-53-11, 3745-54-
                                                    01, 3745-54-03, 3745-
                                                    54-11, 3745-54-12,
                                                    3745-54-15, 3745-54-
                                                    56, 3745-54-73, 3745-
                                                    54-77, 3745-54-97,
                                                    3745-54-98, 3745-54-
                                                    100, 3745-55-13,
                                                    3745-55-15, 3745-55-
                                                    42, 3745-55-43, 3745-
                                                    55-45, 3745-55-47,
                                                    3745-55-51, 3745-55-
                                                    91, 3745-55-92, 3745-
                                                    55-93, 3745-55-95,
                                                    3745-55-96, 3745-55-
                                                    98, 3745-56-21, 3745-
                                                    56-23, 3745-56-51,
                                                    3745-57-03, 3745-57-
                                                    06, 3745-57-40, 3745-
                                                    57-43, 3745-57-72,
                                                    3745-57-74, 3745-57-
                                                    75, 3745-57-81, 3745-
                                                    57-84, 3745-65-01,
                                                    3745-65-11, 3745-65-
                                                    15, 3745-65-56, 3745-
                                                    65-73, 3745-65-90,
                                                    3745-65-93, 3745-66-
                                                    11, 3745-66-12, 3745-
                                                    66-13, 3745-66-15,
                                                    3745-66-42, 3745-66-
                                                    43, 3745-66-44, 3745-
                                                    66-45, 3745-66-47,
                                                    3745-66-74, 3745-66-
                                                    91, 3745-66-92, 3745-
                                                    66-93, 3745-66-95,
                                                    3745-66-96, 3745-66-
                                                    98, 3745-66-101,
                                                    3745-67-21, 3745-67-
                                                    55, 3745-67-59, 3745-
                                                    68-03, 3745-68-05,
                                                    3745-68-10, 3745-68-
                                                    16, 3745-69-30, 3745-
                                                    69-41, 3745-69-43,
                                                    3745-69-44, 3745-69-
                                                    45, 3745-205-100,
                                                    3745-205-101, 3745-
                                                    205-200, 3745-205-
                                                    201, 3745-256-101,
                                                    745-256-200, 3745-
                                                    256-201, 3745-266-
                                                    20, 3745-266-80,
                                                    3745-266-102, 3745-
                                                    266-103, 3745-266-
                                                    104, 3745-266-107,
                                                    3745-266-109, 3745-
                                                    266-111, 3745-266-
                                                    201, 3745-266-202,
                                                    3745-266-203, 3745-
                                                    266-205, 745-266-
                                                    210, 3745-266-260,
                                                    3745-270-01, 3745-
                                                    270-04, 3745-270-07,
                                                    3745-270-09, 3745-
                                                    270-40, 3745-270-42,
                                                    3745-270-45, 3745-
                                                    270-48, 3745-270-49,
                                                    3745-273-09, 3745-
                                                    273-13, 3745-273-33,
                                                    3745-273-60, 3745-
                                                    279-01, 3745-279-11,
                                                    3745-279-42, 3745-
                                                    279-51, 3745-279-52,
                                                    3745-279-62, 3745-
                                                    279-73; Effective
                                                    September 5, 2010.
------------------------------------------------------------------------

G. Which revised state rules are different from the Federal rules?

    Ohio has excluded the non-delegable federal requirements at 40 CFR 
268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to 
implement those requirements.
    Only recently receiving the statutory authority, Ohio has not 
adopted the rules for Subparts AA, BB and CC of 40 CFR part 264. Until 
Ohio is authorized for such rules, the federal rules at 40 CFR part 264 
subpart AA, BB and CC and Part 265 subpart AA, BB and CC, which are 
promulgated under HSWA, still apply in Ohio. On July 14, 2006, U.S. EPA 
issued a rule making several hundred corrections to errors that had 
appeared in the Code of Federal Regulations (checklist 214). Ohio broke 
these corrections into several rule makings. Ohio was authorized for 
several of these rule corrections on March 19, 2012. In addition, a 
number of the corrections had already been made in the state rules. 
This action will authorize several more of the corrections that appear 
in the U.S. EPA rulemaking of July 14, 2006.
    Broader in Scope Rules: Ohio has proposed additions to its 
Universal Wastes that will add Antifreeze, Aerosol cans and Paint 
Wastes that are not already regulated as hazardous waste. As such they 
are not regulated under the RCRA subtitle C program by U.S. EPA, though 
Ohio EPA plans to regulate them under State law if those State 
additions go into effect.

H. Who handles permits after the final authorization takes effect?

    Ohio will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. EPA will continue 
to administer any RCRA hazardous waste permits or portions of permits 
which EPA issues 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

[[Page 43320]]

the authorization. EPA will continue to implement and issue permits for 
HSWA requirements for which Ohio is not yet authorized.

I. How does this action affect Indian Country (18 U.S.C. 1151) in Ohio?

    Ohio is not authorized to carry out its hazardous waste program in 
``Indian Country,'' as defined in 18 U.S.C. 1151. Indian Country 
includes:
    1. All lands within the exterior boundaries of Indian Reservations 
within or abutting the State of Ohio;
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation that 
qualifies as Indian Country.
    Therefore, this action has no effect on Indian Country. EPA retains 
the authority to implement and administer the RCRA program on these 
lands.

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

    Codification is the process of placing the state's statutes and 
regulations that comprise the state's authorized hazardous waste 
program into the Code of Federal Regulations. We do this by referencing 
the authorized state rules in 40 CFR part 272. Ohio's authorized rules, 
up to and including those revised June 7, 1991, have previously been 
codified through the incorporation-by-reference effective February 4, 
1992 (57 FR 4162). We reserve the amendment of 40 CFR part 272, subpart 
KK for the codification of Ohio's program changes until a later date.

K. Statutory and Executive Order Reviews

    This 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule.

10. Executive Order 12988

    As required by Section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this proposed 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 proposed 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 rulemaking 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 proposed 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,

[[Page 43321]]

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: August 14, 2017.
 Robert Kaplan,
 Acting Regional Administrator, Region 5.
[FR Doc. 2017-19696 Filed 9-14-17; 8:45 am]
 BILLING CODE 6560-50-P