[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Rules and Regulations]
[Pages 5948-5950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02811]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2017-0381; FRL-9974-25-Region 5]


Ohio: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is granting the 
State of Ohio Final Authorization of the requested changes to its 
hazardous waste program under the Resource Conservation and Recovery 
Act (RCRA), as set forth below. The Agency published a proposed rule on 
September 15, 2017 and provided opportunity for public comment. EPA 
received no comments. No further opportunity for comment will be 
provided. EPA has determined that these changes satisfy all 
requirements needed to qualify for final authorization.

DATES: The final authorization is effective on February 12, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R05-RCRA-2017-0381. 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., 
Confidential Business Information 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 Ohio's 
application from 9 a.m. to 4 p.m. at the following addresses: U.S. EPA 
Region 5, LR-17J, 77 West Jackson Boulevard, Chicago, Illinois 60604, 
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 268, 270, 273 and 279.

B. What decisions have we made in this rule?

    We conclude that Ohio's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we are granting 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 is the effect of this final rule?

    This final rule requires all facilities in Ohio that are subject to 
RCRA to comply with the newly-authorized state requirements instead of 
the equivalent Federal requirements. Ohio has enforcement 
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 for EPA to:
    1. Conduct inspections which may include but are not limited to 
requiring monitoring, tests, analyses and/or reports;
    2. 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. Proposed Rule

    On September 15, 2017 (82 FR 43316), EPA proposed to authorize 
these changes to Ohio's hazardous waste program and opened the decision 
to public comment. The Agency received no comments on this proposal. 
EPA has determined that Ohio's application satisfies the requirements 
for authorization set forth in RCRA Section 3006(b) and 40 CFR part 
271.

E. What RCRA authorization has EPA previously granted Ohio to 
implement?

    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 today's 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. Therefore, we are granting Ohio Final 
Authorization for the following program changes (a table with the 
complete state analogues is provided in the September 15, 2017 proposed 
rule):

    Deferral of LDR Phase IV Standards for PCB's as a Constituent 
Subject to Treatment

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in Soil, Checklist 190, December 26, 2000, 65 FR 81373.
    Zinc Fertilizers Made from Recycled Hazardous Secondary 
Materials, Checklist 200, July 24, 2002, 67 FR 48393.
    Land Disposal Restrictions: National Treatment Variance to 
Designate New Treatment Subcategories for Radioactively Contaminated 
Cadmium, Mercury, and Silver Containing Batteries, Checklist 201, 
October 7, 2002, 67 FR 62617.
    Hazardous Waste Management System: Modification of the Hazardous 
Waste Program: Mercury Containing Equipment, Checklist 209, August 
5, 2005, 70 FR 45507.
    Resource Conservation and Recovery Act Burden Reduction 
Initiative, Checklist 213, April 4, 2006, 71 FR 16861.
    Hazardous Waste Management System: Modification of the Hazardous 
Waste Program: Cathode Ray Tubes, Checklist 215, July 28, 2006, 71 
FR 42927.
    Regulation of Oil-Bearing Hazardous Secondary Materials from the 
Petroleum Refining Industry Processed in a Gasification System to 
Produce Synthesis Gas, Checklist 216, January 2, 2008, 73 FR 57.
    NESHAP: National Emission Standards for Hazardous Air 
Pollutants: Standards for Hazardous Waste Combustors; Amendments, 
Checklist 217, April 8, 2008, 73 FR 18970.
    Hazardous Waste Management System: Identification and Listing of 
Hazardous Waste: Amendment to Hazardous Waste Code F 019, Checklist 
218, June 4, 2008, 73 FR 31756.
    Standards Applicable to Generators of Hazardous Waste: 
Alternative Requirements for Hazardous Waste Determination and 
Accumulation of Unwanted Material at Laboratories Owned by Colleges 
and Universities and Other Eligible Academic Entities Formally 
Affiliated with Colleges and Universities, Checklist 220, December 
1, 2008, 73 FR 72991.

    Equivalent State Initiated Changes:

    State Initiated Change: Manifest Rules, Ohio rules amended per 
request of an EPA memorandum dated May 14, 2007, regarding manifest 
rule errors.
    State Initiated Change: Performance Track, Ohio rules amended 
per an EPA memorandum dated March 16, 2009, that ended the 
Performance Track Program.
    State Initiated Change: Hazardous Waste and Used Oil: 
Corrections to 40 CFR, Hazardous Waste and Used Oil: Corrections to 
40 CFR (Additional corrections from Checklist 214).
    State Initiated Changes: Ohio Rules Reviewed per Ohio Revised 
Code 119.032, State Initiated Changes (housekeeping).

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 authorizes several more of the corrections that appear in 
the EPA rulemaking of July 14, 2006.
    Broader in Scope Rules:
    Ohio recently promulgated regulations adding Antifreeze, Aerosol 
Cans and Paint Wastes to its list of Universal Wastes and now regulates 
such wastes under state law. Ohio EPA's application did not include 
these additions, however, and EPA does not address them in this action.

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

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

I. How does today's 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.

L. Statutory and Executive Order Reviews

    This final rule only authorizes hazardous waste requirements 
pursuant to RCRA 3006 and imposes no requirements other than those 
imposed by state law (see SUPPLEMENTARY INFORMATION, Section A. Why are 
Revisions to State Programs Necessary?). Therefore, this rule complies 
with applicable executive orders and statutory provisions as follows:

1. Executive Order 18266: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulations and Regulatory Review

    The Office of Management and Budget has exempted this rule from its 
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 
Executive Order 13563 (76 FR 3821 January 21, 2011).

2. Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

3. Regulatory Flexibility Act

    This rule authorizes state requirements for the purpose of RCRA 
3006 and imposes no additional requirements beyond those required by 
state law. Accordingly, I certify that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

4. Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as

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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 rule because it will not have tribal implications (i.e., 
substantial direct effects on one or more Indian tribes, or on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes).

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This rule is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it is not economically significant as defined 
in Executive Order 12866 and because the EPA does not have reason to 
believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001), because it is not a significant regulatory action as defined 
in Executive Order 12866.

9. National Technology Transfer Advancement Act

    EPA approves state programs as long as they meet criteria required 
by RCRA, so it would be inconsistent with applicable law for EPA, in 
its review of a state program, to require the use of any particular 
voluntary consensus standard in place of another standard that meets 
the requirements of RCRA. Thus, the requirements of section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) do not apply to this proposed rule.

10. Executive Order 12988

    As required by Section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct.

11. Executive Order 12630: Evaluation of Risk and Avoidance of 
Unanticipated Takings

    EPA has complied with Executive Order 12630 (53 FR 8859, March 18, 
1988) by examining the takings implications of these rules 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 rule is not subject to Executive 
Order 12898 (59 FR 7629, February 16, 1994).

13. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 (82 FR 9339, February 
3, 2017) regulatory action because actions such as today's final 
authorization of Ohio's revised hazardous program under RCRA are 
exempted under Executive Order 12866.

14. Congressional Review Act

    EPA will submit a report containing this rule and other information 
required by the Congressional Review Act (5 U.S.C. 801 et seq.) 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 sixty (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 final authorization will be 
effective February 12, 2018.

List of Subjects in 40 CFR Part 271

    Environmental protection; Administrative practice and procedure; 
Confidential business information; Hazardous materials transportation; 
Hazardous waste; Indians--lands; Intergovernmental relations; 
Penalties; Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of Sections 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as 
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: January 23, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-02811 Filed 2-9-18; 8:45 am]
 BILLING CODE 6560-50-P