[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Proposed Rules]
[Pages 63461-63465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26357]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2018-0529; FRL-9987-36-Region 4]


Alabama: Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Alabama has applied to the Environmental Protection Agency 
(EPA) for final authorization of changes to its hazardous waste program 
under the Resource Conservation and Recovery Act (RCRA), as amended. 
EPA has reviewed Alabama's application and is proposing to determine 
that these changes satisfy all requirements needed to qualify for final 
authorization. Therefore, we are proposing to authorize the State's 
changes. EPA seeks public comment prior to taking final action.

DATES: Comments must be received on or before January 9, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2018-0529, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from www.regulations.gov. EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Audrey Baker, Materials and Waste 
Management Branch, RCR 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: [email protected].

SUPPLEMENTARY INFORMATION:

A. Why are revisions to state programs necessary?

    States that 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 
implements those requirements and prohibitions in the states, including 
the issuance of new permits implementing those requirements, until the 
states are granted authorization to do so.

B. What decision is EPA proposing to make in this rule?

    Alabama submitted final complete program revision applications, 
dated November 2, 2016 and May 11, 2018, seeking authorization of 
changes to its hazardous waste program that correspond to certain 
federal rules promulgated between July 1, 2004 and June 30, 2015 
(including RCRA Clusters \1\ XV, XVI, XIX through XXI, XXIII, and 
XXIV). 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 proposes to 
grant Alabama final authorization to operate its hazardous waste 
program with the changes described in the authorization applications, 
and as outlined below in Section F of this document.
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    \1\ A ``cluster'' is a grouping of hazardous waste rules that 
EPA promulgates from July 1 of one year to June 30 of the following 
year.
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    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 proposed authorization decision?

    If Alabama is authorized for the changes described in Alabama's 
authorization applications, these changes will become part of the 
authorized State hazardous waste program, and therefore will be 
federally enforceable. Alabama will continue to have primary 
enforcement authority and responsibility for its State hazardous waste 
program. EPA would retain 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 will not impose additional requirements on the 
regulated community because the regulations for which EPA is proposing 
to authorize Alabama are already effective, and are not changed by 
today's proposed action.

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

    EPA will evaluate any comments received on this proposed action and 
will make a final decision on approval or disapproval of Alabama's 
proposed authorization. Our decision will be published in the 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 Alabama previously been authorized for?

    Alabama initially received final authorization on December 8, 1987, 
effective December 22, 1987 (52 FR 46466), to implement the RCRA 
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,

[[Page 63462]]

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); April 2, 2008, effective 
June 2, 2008 (73 FR 17924); and March 20, 2017, effective May 19, 2017 
(82 FR 14327).

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

    Alabama submitted two separate final complete program revision 
applications seeking authorization of changes to its hazardous waste 
management program in accordance with 40 CFR 271.21. Its application 
dated November 2, 2016, included changes associated with 71 FR 16862; 
\2\ 208 and 220, and its application dated May 11, 2018, included 
changes associated with Checklists 206.1, 207, 209, 211, 213, 222, 223, 
225-227, 232, and 234. EPA proposes to determine, 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 is proposing to authorize Alabama for the following program 
changes:
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    \2\ A ``checklist'' is developed by EPA for each federal rule 
amending the RCRA regulations. The checklists document the changes 
made by each federal rule and are presented and numbered in 
chronological order by date of promulgation.
    \3\ The Alabama regulatory citations are from the Alabama 
Hazardous Waste Management Rules, effective March 31, 2011 
(Checklist 223); April 8, 2016 (Checklists 208 and 220); and March 
31, 2017, (Checklists 206.1, 207, 209, 211, 213, 222, 225, 226, 227, 
232, and 234).
    \4\ The National Environmental Performance Track Program 
referenced in the Burden Reduction Initiative Rule has been 
discontinued.

                                 Table 1
------------------------------------------------------------------------
    Description of federal       Federal Register     Analogous State
          requirement             date and page        authority \3\
------------------------------------------------------------------------
Checklist 206.1,                70 FR 35032 6/16/  335-14-2-.04(3)(d)2.
 Nonwastewaters from Dyes and    05.                and
 Pigments (Correction).                             (3)(d)3.(iv)(II).
Checklist 207, Uniform          70 FR 10776 3/4/   335-14-1.-02(1)(a)70.
 Hazardous Waste Manifest Rule.  05, 70 FR 35034    , (1)(a)164.-165.;
                                 6/16/05.           335-14-2.01(7),
                                                    (7)(b)(iii)(II); 335-
                                                    14-3-.02(1)(a),
                                                    (2)(a)-(b), (2)(b)1.-
                                                    2., (8); 335-14-3-
                                                    .03(3)(b), (4),
                                                    (5)(k); 335-14-3-
                                                    .05(5)(c), (5)(e);
                                                    335-14-3-.06(1)(c)-(
                                                    e); 335-14-3
                                                    Appendix I--Uniform
                                                    Hazardous Waste
                                                    Manifest and
                                                    Instructions; 335-14-
                                                    4-.02(1)(a)1.-3.,
                                                    (1)(g), (2)(b); 335-
                                                    14-5-.05(1),
                                                    (2)(a)1.(i)-(v),
                                                    (2)(a)2., (2)(b)4.,
                                                    (2)(e), (3)(a)-(e),
                                                    (3)(f)1.-7., (3)(g),
                                                    (7)(a); 335-14-6-
                                                    .05(1)(a),
                                                    (2)(a)1.(i)-(iv),
                                                    (2)(b)4., (2)(e),
                                                    (3)(a)-(g), and
                                                    (7)(a).
Checklist 208, Methods          70 FR 34538 6/14/  335-14-1-.02(2); 335-
 Innovation Rule and SW-846      05, 70 FR 44150    14-1-.03(1)(d); 335-
 Update IIIB.                    8/1/05.            14-2-.01(3)(a)2.(v);
                                                    335-14-2-.03(2)(a)1.
                                                    -2.; 335-14-2-
                                                    .04(6)(b)2.(iii)(I)-
                                                    (II); 335-14-2
                                                    Appendix I--
                                                    Representative
                                                    Sampling Methods;
                                                    335-14-2 Appendix
                                                    II--III [Reserved];
                                                    335-14-5-.10(1)(a);
                                                    335-14-5-.14(15)(c);
                                                    335-14-5-.27(c)(5);
                                                    335-14-5-.28(c)(14);
                                                    335-14-5 Appendix
                                                    IX--Groundwater
                                                    Monitoring List; 335-
                                                    14-6-.10(1)(a); 335-
                                                    14-6-.14(15)(d); 335-
                                                    14-6-.27(5); 335-14-
                                                    6-.28(14); 335-14-6-
                                                    .29(2), (5); 335-14-
                                                    7-.08(1), (3), (7),
                                                    (13); 335-14-7
                                                    Appendix IX--Methods
                                                    Manual for
                                                    Compliance with the
                                                    BIF Regulations; 335-
                                                    14-8-.02
                                                    (2)(b)2.(i)(III)-(IV
                                                    ), (10)(c)1.(iii)-
                                                    (iv),
                                                    (13)(a)2.(ii)(II);
                                                    335-14-8-.06(5)(c)2.
                                                    (i)-(ii); 335-14-9-
                                                    .04(1), (8); 335-14-
                                                    9 Appendix IX--
                                                    Extraction Procedure
                                                    (EP) Toxicity Test
                                                    Method and
                                                    Structural Integrity
                                                    Test (SW-846, Method
                                                    1310); 335-14-17-
                                                    .02(1)(b)1.(ii); 335-
                                                    14-17-.05(6)(c); 335-
                                                    14-17-.06(4)(c); and
                                                    335-14-17-.07(4)(c).
Checklist 209, Universal Waste  70 FR 45508 8/5/   335-14-1-.02(1)(a)12.
 Rule: Specific Provisions for   05.                , (1)(a)154.,
 Mercury Containing Equipment.                      (1)(a)166.,
                                                    (1)(a)254.,
                                                    (1)(a)295.; 335-14-2-
                                                    .01(9)(c); 335-14-5-
                                                    .01(1)(g)12.(iii);
                                                    335-14-6-.01(1)(c)14
                                                    .(iii); 335-14-8-
                                                    .01(1)(c)2.(ix)(III)
                                                    ; 335-14-9-.01(1);
                                                    335-14-11-.01(1)(a)3
                                                    ., (4)(a)-(c); 335-
                                                    14-11-.02(4)(c),
                                                    (5)(d); 335-14-11-
                                                    .03(3)(b)4.-5.; 335-
                                                    14-11-.03(4)(c) and
                                                    (5)(d).
Checklist 211, Revision of      70 FR 57769 10/4/  335-14-2-.01(3)(a)2.(
 Wastewater Treatment            05.                iv)(I)-(II), (IV),
 Exemptions for Hazardous                           and (VII)-(VIII).
 Waste Mixtures (``Headworks
 exemptions'').
Checklist 213,\4\ Burden        71 FR 16862 4/4/   335-14-1-.03(11)(b)1.
 Reduction Initiative.           06.                -7.; 335-14-2-
                                                    .01(4)(a)9.(iii)(v),
                                                    (4)(f)9.; 335-14-5-
                                                    .02(6)(b)4.,
                                                    (7)(a)4.; 335-14-5-
                                                    .04(3)(b), (7)(i);
                                                    335-14-5-.05(4)(b)1.
                                                    -2., (4)(b)6.,
                                                    (4)(b)8., (4)(b)10.,
                                                    (4)(b)18.-19.; 335-
                                                    14-5-.06(9)(d),
                                                    (9)(g)2.-3.; 335-14-
                                                    5-.06(10)(f)-(g),
                                                    (11)(g); 335-14-5-
                                                    .07(4)(e)5., (6),
                                                    (11); 335-14-5-
                                                    .08(4)(i), (6)(i),
                                                    (8)(e); 335-14-5-
                                                    .09(5); 335-14-5-
                                                    .10(2)(a),
                                                    (2)(b)5.(ii), (3)(a)-
                                                    (b), (4)(a),
                                                    (4)(i)2., (6)(b)-
                                                    (g), (7)(f); 335-14-
                                                    5-.12(2)(c); 335-14-
                                                    5-.13(11)(b); 335-14-
                                                    5-.14(15)(f); 335-14-
                                                    5-.15(4)(a)2.,
                                                    (8)(d); 335-14-5-
                                                    .19(5)(c)2.; 335-14-
                                                    5-.23(2)(a)-(c); 335-
                                                    14-5-.23(4)(a)4.(ii)
                                                    , (4)(g), (5)(a);
                                                    335-14-5-.28(12)-(13
                                                    ); 335-14-5-.30(1),
                                                    (2)(c)2., (2)(c)4.;
                                                    335-14-6-.02(6)(b)4.
                                                    , (7)(a)4.; 335-14-6-
                                                    .04(3)(b), (7)(j);
                                                    335-14-6-.05(4)(b);
                                                    335-14-6-.06(1)(d)1.
                                                    , (1)(d)3.,
                                                    (4)(d)2., (4)(d)5.;
                                                    335-14-6-.07(4)(e)5.
                                                    , (6), (11); 335-14-
                                                    6-.08(4)(h), (6)(h),
                                                    (8)(e); 335-14-6-
                                                    .09(5); 335-14-6-
                                                    .10(2)(a),
                                                    (2)(b)5.(ii), (3)(a)-
                                                    (b), (4)(a),
                                                    (4)(i)2., (6)(a)-
                                                    (f), (7)(f), (12)(c)-
                                                    (g); 335-14-6-
                                                    .11(2)(a), (5); 335-
                                                    14-6-.12(10)(a); 335-
                                                    14-6-.13(11)(e); 335-
                                                    14-6-.14(2)(a),
                                                    (4)(a); 335-14-6-
                                                    .14(15)(b)-(g); 335-
                                                    14-6-.23(2)(a)-(c),
                                                    (4)(a)4.(ii),
                                                    (4)(g), (5)(a); 335-
                                                    14-6-.28(12)-(13);
                                                    335-14-6-.30(1),
                                                    (2)(c)2., (2)(c)4.;
                                                    335-14-7-.08(3)-(4);
                                                    335-14-8-.02(5)(a),
                                                    (7)(a), (17)(c)15.;
                                                    335-14-9-.01(7) and
                                                    (9).
Checklist 220, Academic         73 FR 72912 12/1/  335-14-2-.01(5)(c)6.-
 Laboratories Generator          08.                7.; 335-14-3-.01(j),
 Standards.                                         (j)1.-2.; 335-14-1-
                                                    .02(1)(a)30.,
                                                    (1)(a)38.,
                                                    (1)(a)84.,
                                                    (1)(a)111.,
                                                    (1)(a)140.-142.,
                                                    (1)(a)181.,
                                                    (1)(a)222.,
                                                    (1)(a)277.,
                                                    (1)(a)298.,
                                                    (1)(a)322.; 335-14-1-
                                                    .12; and 335-14-3-
                                                    .12(2)-(17).

[[Page 63463]]

 
Checklist 222, OECD             75 FR 1236 1/8/10  335-14-3-.01(1)(d);
 Requirements; Export                               335-14-3-.05(6),
 Shipments of Spent Lead-Acid                       (9)(a)-(b); 335-14-3-
 Batteries.                                         .09(1)(a)-(b),
                                                    (3)(a)-(g), (4)(a)-
                                                    (e), (5)(a)-(e),
                                                    (6)(a)-(g), (7)(a)-
                                                    (b), (8)(a)-(c),
                                                    (9), (10)(a)-(d);
                                                    335-14-1-.02(1)(a)44
                                                    ., (1)(a)58.-61.,
                                                    (1)(a)99.,
                                                    (1)(a)121.,
                                                    (1)(a)177.-178.,
                                                    (1)(a)218.-219.,
                                                    (1)(a)220.(viii) and
                                                    (xiii), and
                                                    (1)(a)268.; 335-14-4-
                                                    .01(1)(d); 335-14-5-
                                                    .02(3)(a)2.; 335-14-
                                                    5-.05(2)(a)2.,
                                                    (2)(d); 335-14-6-
                                                    .02(3)(a)2.; 335-14-
                                                    6-.05(2)(a)2.,
                                                    (2)(d); and 335-14-7-
                                                    .07(1)(a).
Checklist 223, Hazardous Waste  75 FR 12989 3/18/  335-14-1-.02(1)(a)173
 Technical Corrections and       10, 75 FR 31716    ., (1)(a)208.; 335-
 Clarifications.                 6/4/10.            14-2-.01(2)(c) Table
                                                    1, (4)(a)17.(vi),
                                                    (5)(b), (5)(e),
                                                    (5)(f)2., (5)(g),
                                                    (6)(a)2.-3.,
                                                    (6)(c)1., (6)(d),
                                                    (7)(a)1.(ii),
                                                    (7)(a)2.(ii),
                                                    (7)(b)1., (7)(b)3.;
                                                    335-14-2-.03(4)(a)8.
                                                    ; 335-14-2-.04(1)(c)-
                                                    (d), (2)(a), (3)(a)
                                                    Table, (4)(f) Table;
                                                    335-14-2 Appendix
                                                    VII--Basis for
                                                    Listing Hazardous
                                                    Waste; 335-14-3-
                                                    .01(1)(f), (2)(d);
                                                    335-14-3-.02(4)(f);
                                                    335-14-3-.03(5)(a)-(
                                                    c), (5)(d)5.,
                                                    (5)(g), (5)(j); 335-
                                                    14-3-.04(2)(b),
                                                    (3)(a), (3)(d); 335-
                                                    14-3-.06(1)(b); 335-
                                                    14-5-.04(3),
                                                    (7)(d)2.; 335-14-5-
                                                    .05(3)(e)6.,
                                                    (3)(f)1. 7.-8.; 335-
                                                    14-5-.14(15)(e),
                                                    (17)(b); 335-14-5-
                                                    .19(3)(a)3.(ii)-(iv)
                                                    , (3)(e)4.(iv)(VI);
                                                    335-14-6-.04(3)(b),
                                                    (7)(d)2.; 335-14-6-
                                                    .05(3)(e)6.,
                                                    (3)(f)1., (3)(f)7.-
                                                    8; \5\ 335-14-6-
                                                    .14(15)(f), (17)(b);
                                                    335-14-7-.03(1)(b),
                                                    (3); 335-14-7-
                                                    .06(1)(d); 335-14-7-
                                                    .07(1)(b); 335-14-7-
                                                    .08(2); 335-14-9-
                                                    .04(1), (8); and 335-
                                                    14-8-.01(4)(a).
Checklist 225, Removal of       75 FR 78918 12/17/ 335-14-2-.04(4) Table
 Saccharin and its Salts from    10.                after subparagraph
 the Lists of Hazardous Wastes.                     (e); 335-14-2
                                                    Appendix VIII--
                                                    Hazardous
                                                    Constituents; 335-14-
                                                    9-.00; and 335-14-9
                                                    Appendix VII--
                                                    Effective Dates of
                                                    Surface Disposed
                                                    Prohibited Hazardous
                                                    Wastes.
Checklist 226, Academic         75 FR 79304 12/20/ 335-14-1-.02(1)(a)30.
 Laboratories Generator          10.                ; 335-14-3-
 Standards Technical                                .12(7)(b)3.(i),
 Corrections.                                       (13)(e)1.,
                                                    (15)(a)1., and
                                                    (15)(b)1.
Checklist 227, Revision of the  76 FR 34147 6/13/  335-14-9-.00.
 Land Disposal Treatment         11.
 Standards for Carbamate
 Wastes.
Checklist 232, Revisions to     79 FR 36220 6/26/  335-14-1-.02(1)(a)61.
 the Export Provisions of the    14.                ; 335-14-2-
 Cathode Ray Tube (CRT) Rule.                       .05(1)(a)5.(i)(VI),
                                                    (1)(a)5.(x)-(xi),
                                                    (3), and (3)(a)-(b).
Checklist 234, Response to      80 FR 18777 4/8/   335-14-2-.01(4)(a)12.
 Vacaturs of the Comparable      15.                (i), (4)(a)16.; and
 Fuels Rule and the                                 335-14-2-.04(9).
 Gasification Rule.
------------------------------------------------------------------------

G. Where are the revised state rules different from the federal rules?
---------------------------------------------------------------------------

    \5\ The correct internal cross reference in 335-14-6-.05(3)(f)8. 
to the State analog for 40 CFR 262.42(a) should be: ``335-14-
3-.04(3)(a)'' not ``335-14-3-.04(3).''
---------------------------------------------------------------------------

    When revised state rules differ from the federal rules in the RCRA 
state authorization process, EPA determines whether the state rules are 
equivalent to, more stringent than, or broader in scope than the 
federal program. Pursuant to section 3009 of RCRA, 42 U.S.C. 6929, 
state programs may contain requirements that are more stringent than 
the federal regulations. Such more stringent requirements can be 
federally authorized and, once authorized, become federally 
enforceable. Although the statute does not prevent states from adopting 
regulations that are broader in scope than the federal program, such 
regulations cannot be authorized and are not federally enforceable.
    In its review of the Alabama regulations submitted as part of the 
program revision applications that are the subject of this proposed 
rule, EPA did not find any State regulations to be broader in scope 
than the federal program. However, EPA has determined that certain 
regulations included in Alabama's program revision applications are 
more stringent than the federal program. All of these more stringent 
requirements will become part of the federally enforceable RCRA program 
in Alabama when authorized. These more stringent requirements are set 
forth in Table 2 below:

                                 Table 2
------------------------------------------------------------------------
 Alabama more stringent provisions               Explanation
------------------------------------------------------------------------
335-14-5-.05(7)(a) and 335-14-6-    Alabama is more stringent than the
 .05(7)(a).                          federal program at 40 CFR 264.76(a)
                                     and 265.76(a) by including the
                                     following additional recordkeeping
                                     requirement: ``The owner or
                                     operator must retain a copy of each
                                     un-manifested waste report for, at
                                     least, three (3) years from the due
                                     date of the report.''
335-14-11-.03(b)5.................  Alabama is more stringent than the
                                     federal program at 40 CFR
                                     273.32(b)(5) by requiring a large
                                     quantity handler of universal waste
                                     to include certain information in
                                     its notice of universal waste
                                     management that is no longer
                                     required at the federal level.
335-14-5-.13(11)(b) and 335-14-6-   Alabama is more stringent than the
 .13(11)(e).                         federal program at 40 CFR
                                     264.280(b) and 265.280(e) by
                                     requiring that the professional
                                     engineer be ``independent.''
335-14-6-.04(7)(j)................  Alabama is more stringent than the
                                     federal program at 40 CFR 265.56(i)
                                     by requiring the owner or operator
                                     to notify before resuming
                                     operations.
335-14-6-.05(4)(b)6...............  Alabama is more stringent than the
                                     federal program at 40 CFR
                                     265.73(b)(6) by requiring a
                                     facility to maintain in its
                                     operating record additional
                                     monitoring, testing, and analytical
                                     data not required by the federal
                                     regulation.
335-14-6-.10(12)(c)...............  Alabama is more stringent than the
                                     federal program at 40 CFR
                                     265.201(c) by requiring that
                                     inspections be documented.
------------------------------------------------------------------------


[[Page 63464]]

    EPA cannot delegate certain federal requirements associated with 
the federal manifest registry system in the Uniform Hazardous Waste 
Manifest Rule (Checklists 207). Additionally, EPA cannot delegate the 
federal requirements associated with international shipments (i.e., 
import and export provisions) associated with the OECD Requirements for 
Export Shipments of Spent Lead-Acid Batteries (Checklist 222) or the 
Revisions to the Export Provisions of the Cathode Ray Tube Rule 
(Checklist 232). Alabama has adopted these requirements and 
appropriately preserved EPA's authority to implement them.

H. Who handles permits after the final 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 new permits 
or new portions of permits for the provisions listed in Table 1 above 
after the effective date of the final authorization. EPA will continue 
to implement and issue permits for HSWA requirements for which Alabama 
is not yet authorized.

I. How does today's proposed 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. Therefore, this proposed action has no effect on Indian 
country. EPA will continue to implement and administer the RCRA program 
on these lands.

J. What is codification and will EPA codify Alabama's hazardous waste 
program as proposed 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 
proposing to codify 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.

K. Statutory and Executive Order Reviews

    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 13563 (76 FR 3821, January 21, 2011). This action proposes to 
authorize State requirements for the purpose of RCRA section 3006 and 
imposes no additional requirements beyond those imposed by State law. 
Therefore, this action is not subject to review by OMB. This action is 
not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory 
action because actions such as today's proposed authorization of 
Alabama's revised hazardous waste program under RCRA are exempted under 
Executive Order 12866. 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 proposes to authorize 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 (2 U.S.C. 1531-
1538). 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 proposes to authorize 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 action 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 
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 proposing 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 this action 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 action does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). Executive 
Order 12898 (59 FR 7629, February 16, 1994) establishes federal 
executive policy on environmental justice. Its main provision directs 
federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States. Because this action proposes authorization of pre-
existing State rules which are at least equivalent to, and no less 
stringent than existing federal requirements, and imposes no additional 
requirements beyond those imposed by State law, and there are no 
anticipated significant adverse human health or environmental effects, 
this proposed rule is not subject to Executive Order 12898.

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,

[[Page 63465]]

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: November 20, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2018-26357 Filed 12-7-18; 8:45 am]
 BILLING CODE 6560-50-P