[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Proposed Rules]
[Pages 7010-7015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03590]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R01-RCRA-2018-0431; FRL-9990-16-Region 1]
New Hampshire: Proposed Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The state of New Hampshire 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 New Hampshire's application
and has determined 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 April 1, 2019.
ADDRESSES: Submit your comments by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Email: Stephen Yee_[email protected].
Fax: (617) 918-0197.
Mail: Stephen Yee, RCRA Waste Management & UST Section,
Office of Site Remediation & Restoration, EPA Region 1, 5 Post Office
Square, Suite 100 (Mail Code: OSRR07-01), Boston, MA 02109-3912.
Hand Delivery or Courier: Deliver your comments to:
Stephen Yee, RCRA Waste Management & UST Section, Office of Site
Remediation & Restoration, EPA Region 1, 5 Post Office Square, Suite
100 (Mail Code: OSRR07-01), Boston, MA 02109-3912. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
Instructions: Direct your comments to Docket ID Number EPA-R01-
RCRA-2018-0431. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI), or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov,
or email. The federal www.regulations.gov website 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, any form of encryption, and be free of any defects or
viruses. (For additional information about EPA's public docket, visit
the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov, or in hard copy.
You can view and copy New Hampshire's application and associated
publicly available materials from 9:00 a.m. to Noon and 12:30 to 3:30
p.m., Monday through Thursday, at the EPA Region 1 Library, 5 Post
Office Square, 1st floor, Boston, MA 02109-3912; by appointment; Tel:
(617) 918-1990 or from 8:30 a.m. to 4:00 p.m. Monday through Friday at
the New Hampshire Department of Environmental Services, Public
Information Center, 29 Hazen Drive, Concord, NH 03301; Tel: (603) 271-
2919 or 271-8876. Interested persons wanting to examine these documents
should make an appointment with either the EPA Library or the NHDES
Public Information Center to facilitate access to the documents.
FOR FURTHER INFORMATION CONTACT: Stephen Yee, RCRA Waste Management &
UST Section, Office of Site Remediation & Restoration, EPA Region 1, 5
Post Office Square, Suite 100 (Mail Code: OSRR07-01), Boston, MA 02109-
3912, Tel: (617) 918-1197; Fax: (617) 918-0197, email:
[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 will
implement those requirements and prohibitions in New Hampshire,
including the issuance of new permits implementing those requirements,
until the State is granted authorization to do so.
B. What decisions has EPA made in this rule?
On September 10, 2018, New Hampshire submitted a complete program
revision application seeking authorization of changes to its hazardous
waste program that correspond to certain federal rules promulgated
between July 1, 1986 and June 30, 2014 (also known as Non-HSWA, HSWA,
and RCRA Clusters). EPA concludes that New Hampshire's application to
revise its authorized program meets all of the statutory and regulatory
requirements established under RCRA, as set forth in RCRA section
3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA
[[Page 7011]]
proposes to grant New Hampshire final authorization to operate its
hazardous waste program with the changes described in the authorization
application, and as outlined below in Sections F and G of this
document.
New Hampshire has responsibility for permitting treatment, storage,
and disposal facilities within its borders and for carrying out the
aspects of the RCRA program described in its revised program
application, subject to the limitations of HSWA, as discussed above.
C. What is the effect of this proposed authorization decision?
If New Hampshire is authorized for the changes described in New
Hampshire's authorization application, these changes will become part
of the authorized State hazardous waste program and will therefore be
federally enforceable. New Hampshire will continue to have primary
enforcement authority and responsibility for its State hazardous waste
program. EPA would maintain 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 which EPA is proposing to
authorize in New Hampshire are already effective and are not changed by
today's proposed action.
D. What happens if EPA receives comments that oppose this action?
If EPA receives comments on this proposed action, we will address
all such comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you should do so at this time.
E. What has New Hampshire previously been authorized for?
The State of New Hampshire initially received final authorization
on December 18, 1984, effective January 3, 1985 (49 FR 49093) to
implement the RCRA hazardous waste management program. EPA granted
authorization for changes to New Hampshire's program on the following
dates: November 14, 1994, effective January 13, 1995 (59 FR 56397); and
February 27, 2006, effective March 29, 2006 (71 FR 9727).
F. What changes are we proposing with today's action?
On September 10, 2018, the State of New Hampshire submitted a final
complete program revision application, seeking authorization of changes
to its hazardous waste management program in accordance with 40 CFR
271.21. EPA proposes to determine, subject to receipt of written
comments that oppose this action, that New Hampshire'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. EPA is
proposing to authorize New Hampshire for the following program changes:
New Hampshire is seeking authorization for updated state
regulations addressing most federal requirements through June 30, 2014
and also for changes to New Hampshire's base program for which they had
been previously authorized. Significant program revisions in this
package include the Land Disposal Restrictions and hazardous waste
listings. We are proposing to authorize the program changes as provided
in each of the following Revision Checklists (RC):
RC 13--Definition of Solid Waste for 40 CFR 260.30--260.33 only;
RC 81--Petroleum Refinery Primary and Secondary Oil/Water/Solids
Separation Sludge Listings (F037 and F038);
RC 89--Revision to the Petroleum Refining Primary and Secondary Oil/
Water/Solids Separation Sludge Listings (F037 and F038); (RC 91)--
Administrative Stay for F032, F034, and F035 Listing (HSWA/Non HSWA)
(Superseded by 57 FR 5859 and 57 FR 61492, see RCs 101 and 120 in RCRA
Clusters II and III, respectively);
RC 101--Administrative Stay for the Requirement That Existing Drip Pads
be Impermeable (HSWA/Non HSWA) (Superseded by 57 FR 61492, see RC 120
in RCRA Cluster III);
RC 117A--Reissuance of the ``Mixture'' and ``Derived-From'' Rules;
RC 135--Recovered Oil Exclusion;
RC 140--Carbamate Production Identification and Listing of HW;
RC 150--Amendments to the Definition of Solid Waste; Amendment II;
RC 152--Imports and Exports of HW: Implementation of OECD Council
Decision;
RC 156--Military Munitions Rule: HW Identification and Management;
Explosives Emergencies; Manifest Exemption for Transport of HW on
Right-of-Ways on Contiguous Properties;
RC 159--Conformance with the Carbamate Vacatur;
RC 169--Petroleum Refining Process Wastes;
RC 178--Petroleum Refining Process Wastes--Leachate Exemption;
RC 183--Land Disposal Restrictions Phase IV--Technical Corrections;
RC 187--Petroleum Refining Process Wastes--Clarification;
RC 189--Chlorinated Aliphatics Listing and LDRs for Newly Identified
Wastes;
RC 192A--Mixture and Derived-From Rules Revisions;
RC 194--Mixture and Derived-From Rules Revision II;
RC 195--Inorganic Chemical Manufacturing Wastes Identification and
Listing;
RC 206--Nonwastewaters from Dyes and Pigments;
RC 207--Uniform Hazardous Waste Manifest Rule;
RC 218--F019 Exemption for Wastewater Treatment Sludges from Auto
Manufacturing Zinc Phosphating Processes;
RC 222--OECD Requirements; Export Shipments of Spend Lead-Acid
Batteries;
RC 225--Removal of Saccharin and Its Salts from the Lists of Hazardous
Constituents--There is no checklist for this rule because it removes
provisions from the regulations.;
RC 227--Revision of the Land Disposal Treatment Standards for Carbamate
Wastes;
RC 229--Conditional Exclusions for Solvent Contaminated Wipes;
Special Consolidated Checklist for the Land Disposal Restrictions
(LDRs) as of 6/30/92 includes the following checklists:
RC 34--Land Disposal Restrictions;
RC 39--California List Waste Restrictions;
RC 50--Land Disposal Restrictions for First Third Scheduled
Wastes;
RC 62--Land Disposal Restrictions Amendments to First Third
Scheduled Wastes;
RC 63--Land Disposal Restrictions for Second Third Scheduled
Wastes;
RC 66--Land Disposal Restrictions; Correction to the First
Third Scheduled Wastes;
RC 78H--Land Disposal Restrictions for Third Third Scheduled
Wastes;
RC 78N--Land Disposal Restrictions for Third Third Scheduled
Wastes;
RC 83--Land Disposal Restrictions for Third Third Scheduled
Wastes; Technical Amendments;
RC 95--Land Disposal Restrictions for Electric Arc Furnace
Dust;
[[Page 7012]]
RC 102--Second Correction to the Third Third Land Disposal
Restrictions;
RC 103--Hazardous Debris Case-by-Case Capacity Variance;
RC 106--Lead-bearing Hazardous Materials Case-by-Case Capacity
Variance;
Special Consolidated Checklist for the Phases I-IV LDRs as of 12/
31/02 includes the following checklists:
RC 109--Land Disposal Restrictions for Newly Listed Wastes and
Hazardous Debris;
RC 116--Hazardous Soil Case-By-Case Capacity Variance;
RC 117A--Reissuance of the ``Mixture'' and ``Derived-From''
Rules;
RC 123--Land Disposal Restrictions; Renewal of the Hazardous
Waste Debris Case-by-Case Capacity Variance;
RC 124--Land Disposal Restrictions for Ignitable and Corrosive
Characteristic Wastes Whose Treatment Standards Were Vacated;
RC 136--Removal of the Conditional Exemption for Certain Slag
Residues;
RC 137--Universal Treatment Standards and Treatment Standards
for Organic Toxicity Characteristic Wastes and Newly Listed Wastes;
RC 151--Land Disposal Restrictions Phase III--Decharacterized
Wastewaters, Carbamate Wastes, and Spent Potliners;
RC 155--Land Disposal Restrictions Phase III--Emergency
Extension of the K088 Capacity Variance;
RC 157--Land Disposal Restrictions Phase IV--Treatment
Standards for Wood Preserving Wastes, Paperwork Reduction and
Streamlining, Exemptions From RCRA for Certain Processed Materials; and
Miscellaneous Hazardous Waste Provisions;
RC 160--Land Disposal Restrictions Phase III--Emergency
Extension of the K088 National Capacity Variance, Amendment;
RC 161--Emergency Revision of the Carbamate Land Disposal
Restrictions;
RC 167A--Land Disposal Restrictions Phase IV--Treatment
Standards for Metal Wastes and Mineral Processing Wastes;
RC 167B--Land Disposal Restrictions Phase IV--Hazardous Soils
Treatment Standards and Exclusions;
RC 167C--Land Disposal Restrictions Phase IV- Corrections;
RC 170--Land Disposal Restrictions Phase IV--Zinc
Micronutrient Fertilizers, Amendment;
RC 171--Emergency Revision of the Land Disposal Restrictions
(LDR) Treatment Standards for Listed Hazardous Wastes from Carbamate
Production;
RC 172--Land Disposal Restrictions Phase IV--Extension of
Compliance Date for Characteristic Slags;
RC 173--Land Disposal Restrictions; Treatment Standards for
Spent Potliners from Primary Aluminum Reduction (K088); Final Rule;
RC 178--Petroleum Refining Process Wastes--Leachate Exemption;
RC 183--Land Disposal Restrictions Phase IV--Technical
Corrections;
RC 189--Chlorinated Aliphatics Listing and LDRs for Newly
Identified Wastes;
RC 190--Land Disposal Restrictions Phase IV--Deferral for PCBs
in Soil;
RC 195--Inorganic Chemical Manufacturing Wastes Identification
and Listing;
RC 201--Treatment Variance for Radioactively Contaminated
Batteries;
Checklist for the Wood Preserving Listings as of 12/31/02 includes
the following checklists:
RC 92--Wood Preserving Listings; Technical Corrections;
RC 120--Wood Preserving; Revisions to Listings and Technical
Requirements;
RC 162--Clarification of Standards for Hazardous Waste LDR
Treatment Variances;
RC 167F--Exclusion of Recycled Wood Preserving Wastewaters.
A detailed cross walk for each of the checklists mentioned above can be
found in the administrative record for this Federal Register
authorization.
G. Where are the revised State rules different from the Federal rules?
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, states
cannot receive federal authorization for such regulations, and they are
not federally enforceable.
The most significant differences between the New Hampshire rules
and the federal rules are highlighted and summarized in the Table 1
below. It should be noted that this summary does not describe every
difference, nor every detail regarding the differences that are
described. Members of the regulated community are advised to read the
complete regulations to ensure that they understand their compliance
responsibilities.
1. More Stringent Provisions
There are aspects of the New Hampshire program which are more
stringent than the federal program. These requirements would become
part of New Hampshire's authorized program and would be federal
enforceable. All of these more stringent requirements are, or will
become, part of the federally enforceable RCRA program when authorized
by the EPA and must be complied with in addition to the State
requirements which track the minimum Federal requirements. These more
stringent requirements are identified as MS in the Table 1 below.
2. Broader-In-Scope Provisions
There are aspects of the New Hampshire program that are broader-in-
scope than the federal program. These broader-in-scope requirements do
not become part of the authorized program and EPA cannot enforce them.
Regulated entities must comply with these requirements in accordance
with State law. These broader-in-scope requirements are identified as
BIS in the Table 1 below.
3. Partially Broader-In-Scope
There are aspects of the New Hampshire program that are partially
broader-in-scope than the federal program. These partially broader-in-
scope requirements are the result of New Hampshire not adopting certain
portions of the regulations. These partially broader-in-scope
requirements are not part of the authorized program and EPA cannot
enforce them. However, the parts of the regulations which are not
partially broader-in-scope are part of the federally enforceable RCRA
program. Regulated entities must comply with these requirements in
accordance with State law. These broader-in-scope requirements are
identified as Partially BIS in the Table 1 below.
4. Different but Equivalent Provisions
New Hampshire also has some regulations that differ from, but have
been determined to be equivalent to, the federal regulations. These
state regulations will become part of the federally enforceable RCRA
program when authorized by the EPA. These different but equivalent
requirements are identified as EQ in the Table 1 below.
5. There are certain federal requirements that EPA cannot delegate
to the States, although New Hampshire has adopted these requirements by
[[Page 7013]]
reference, EPA would continue to implement those requirements. These
requirements are identified in the Table 1 below.
Table 1
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Description of checklist
number and the Federal Analogous state authority \1\--(Env-Hw)
requirement
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RC 117A--Reissuance of the ``Mixture'' and ``Derived-From'' Rules
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261.3(a)(2)(i)............... 401.01(b)(3)--NH's mixture rule regulates
as characteristic wastes mixtures of
hazardous wastes with materials that are
not solid wastes (e.g., soils) if the
mixture exhibits a characteristic.
(Partially BIS).
261.3(a)(2)(iv).............. 401.01(b)(2); 401.01(c)(2)--NH's mixture
rule regulates as listed wastes mixtures
of hazardous wastes with materials that
are not solid wastes (e.g., soils).
(Partially BIS).
261.3(a)(2)(iv)(A)-(E)....... NH is not adopting an analog to these
provisions. (BIS).
261.3(b)(2).................. 401.01(b)(2); 404.02--NH's mixture rule
regulates as listed wastes mixtures of
hazardous wastes with materials that are
not solid wastes (e.g., soils).
(Partially BIS).
261.3(b)(3).................. 401.01(b)(3)--NH's mixture rule regulates
as characteristic wastes mixtures of
hazardous wastes with materials that are
not solid wastes (e.g., soils) if the
mixture exhibits a characteristic.
(Partially BIS).
261.3(c)(2)(i)............... 401.01(c)(2), 404.03(a), 404.03(b)--NH
includes precipitation run-off that
exhibits a characteristic. (Partially
BIS).
261.3(c)(2)(ii)(B)........... 401.03(b)(30)--NH has adopted the
exemption for fuels produced from the
refining of oil-bearing HW (now at 40
CFR 261.6(a)(3)(iii)) but has not
adopted the other exemptions. (Partially
BIS).
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RC 135--Recovered Oil Exclusion
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261.3(c)(2)(ii)(B)........... 401.03(b)(30)--NH has adopted the
exemption for fuels produced from the
refining of oil-bearing HW (now at 40
CFR 261.6(a)(3)(iii)) but has not
adopted the other exemptions. (Partially
BIS).
261.6(a)(3)(v), now at NH is not adopting these provisions.
261.6(a)(3)(iv). (BIS).
261.6(a)(3)(vi).............. An analog to this provision does not
currently exist in NH rules, and this
provision was subsequently deleted in
RC169.
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RC 140--Carbamate Production Identification and Listing of HW
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261.3(a)(2)(iv)(E)-(G)....... NH is not adopting these exemptions.
(BIS).
------------------------------------------------------------------------
RC 169--Petroleum Refining Process Wastes
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261.3(a)(2)(iv)(C)........... N/A--NH is not adopting the exemption.
(BIS).
261.3(c)(2)(ii)(B)........... 401.03(b)(30)--NH has adopted the
exemption for fuels produced from the
refining of oil-bearing HW (40 CFR
261.6(a)(3)(iii)) but has not adopted
the other exemptions. (Partially BIS).
261.6(a)(3)(iv)(C)........... NH is not adopting this provision. (BIS).
------------------------------------------------------------------------
RC 192A--Mixture and Derived-From Rules Revisions
------------------------------------------------------------------------
261.3(a)(2)(iv).............. 401.01(b)(2); 401.01(c)(2)--NH's mixture
rule regulates as listed wastes mixtures
of hazardous wastes with materials that
are not solid wastes (e.g., soils). NH
has not yet adopted RC191. (Partially
BIS).
261.3(c)(2)(i)............... 401.01(c)(2); 404.03(a); 404.03(b)--NH
includes precipitation run-off that
exhibits a characteristic. NH has not
yet adopted RC191. (Partially BIS).
261.3(h)(1)-(3).............. NH has not yet adopted RC191. (BIS).
------------------------------------------------------------------------
RC 194--Mixture and Derived-From Rules Revision II
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261.3(a)(2)(iv).............. 401.01(b)(2), 401.01(c)(2)--NH's mixture
rule regulates as listed wastes mixtures
of hazardous wastes with materials that
are not solid wastes (e.g.,, soils). NH
has not yet adopted CL191. (Partially
BIS).
261.3(a)(2)(iv)(A)-(G)....... NH is not adopting these exemptions.
(BIS).
------------------------------------------------------------------------
RC 207--Uniform Hazardous Waste Manifest Rule
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262.27(a).................... 510.01(e)--NH requires generators of
>=100 kgs./month to certify. (MS).
262.27(b).................... 510.01(f)--NH requires generators of <100
kgs./month to certify. (MS).
262.34(m).................... 511.02(b)(3); 507.03(a) and (b)--NH does
not allow accumulation as provided in 40
CFR 262.34(d)-(f). (MS).
------------------------------------------------------------------------
RC 229--Conditional Exclusions for Solvent Contaminated Wipes
------------------------------------------------------------------------
260.10 ``Solvent-contaminated 401.02(d) and (e)--Used oil is a listed
wipe''. waste in NH. NH's definition allows
wipes to contain used oil. (EQ) Wipes
used to clean up solvent spills of 12
fluid ounces or more are not eligible
for the exemption. (BIS).
261.4(a)(26)(i).............. 401.03(g)(3)-(7)--NH has added a
clarifying requirement at (g)(1) that
excess spent solvent can't be added to
wipes to avoid disposal. (EQ).
261.4(b)(18)(i).............. 401.03(g)(3)-(7)--NH has added a
clarifying requirement at (g)(1) that
excess spent solvent can't be added to
wipes to avoid disposal. (EQ).
261.4(b)(18)(vi)(A).......... 401.03(b)(28)c.3--NH prohibits disposal
in NH MSW landfills. (BIS).
------------------------------------------------------------------------
[[Page 7014]]
Special Consolidated Checklist for the Land Disposal Restrictions as of
June 30, 1992
------------------------------------------------------------------------
261.5(b)--(RC 34)............ 503.01, 508, 1201.03(b)--NH has not
adopted the very small quantity
generator (VSQG) exclusion but does
exempt VSQGs from LDR requirements.
(MS).
261.5(f)(2); 261.5(g)(2)--(RC 503.01, 508--NH has not adopted the VSQG
34). exclusion. (MS).
262.34(d)(4)--(RC 83)........ 507.03(a)--NH rules allow generators of
between 100 and 1000 kgs./month to
accumulate up to 90 days rather than
180. (MS).
263.12--(RC 34).............. 104.63; 304.11; 601.01(b)(2) and (3);
701.01(a)--NH requires a permit for
transfer facilities. (MS).
268.1(c)(3)--(RCs 34, 39, 50, 1202.02(b)(1)--NH prohibits underground
66, 78); 268.1(c)(3)(i)- injection of HW. (MS)
(ii)--(RC 78).
268.3(b)--(RCs 78, 102)...... 1202.02(f), NH has not adopted an analog
to this provision. (MS).
268.5(a)-(i)--(RC 34)........ N/A--These federal regulations are not
being incorporated by reference, since
the authority is being retained by EPA;
102.02(a); 102.02(b)(1); 1202.02(a)(1).
268.6(a)-(n)--(RC 34)........ N/A--These federal regulations are not
being incorporated by reference, since
the authority is being retained by EPA;
102.02(a); 1202.02(a)(1).
268.7(a)(10)--(RCs 78, 83)... 509.05; 1202.02(i)--NH has not adopted an
analog to this provision. (MS).
268.42(b)--(RCs 34, 39, 78).. N/A--These federal regulations are not
being incorporated by reference, since
the authority is being retained by EPA;
102.02(a); 1202.02(a)(1).
268.44(a)-(g)--(RC 34)....... N/A--These federal regulations are not
being incorporated by reference, since
the authority is being retained by EPA;
102.02(a); 102.02(b)(1); 1202.02(a)(1).
------------------------------------------------------------------------
Special Consolidated Checklist for the Phases I-IV Land Disposal
Restrictions as of December 31, 2002
------------------------------------------------------------------------
262.34(d)(4)--(RC 179)....... 507.03(a)--NH rules allow generators of
between 100 and 1000 kgs./month to
accumulate up to 90 days rather than 180
(MS).
264.1(g)(6)--(RCs 124, 137).. 404.01; 701.02(a)(4)--NH rules do not
include language specifically allowing
dilution of D001 and D003 wastes in ENUs
and WWTUs. (MS).
265.1(c)(10)--(RCs 124, 137). 404.01, 701.02(a)(4)--NH rules do not
include language specifically allowing
dilution of D001 and D003 wastes in ENUs
and WWTUs. (MS).
268.1(c)(3)(i)-(ii)--(RC 151) 1202.02(b)(1)--NH prohibits underground
injection of HW. (MS).
268.3(b)--(RC 151)........... 1202.02(f)--NH has not adopted an analog
to this provision. (MS).
268.5(h)(2)(ii)-(vi)--(RC N/A--These federal regulations are not
109). being incorporated by reference, since
the authority is being retained by EPA;
102.02(a); 102.02(b)(1); 1202.02(a)(1).
268.7(a)(7)--(RCs 137, 157, 509.05; 1202.01 incorporates 40 CFR 268
167C). by reference; 1202.02(b)(2)--NH
prohibits underground injection of HW.
(MS).
268.42(b)--(RC 109).......... N/A--These federal regulations are not
being incorporated by reference, since
the authority is being retained by EPA;
102.02(a); 1202.02(a)(1).
268.44(a)(1)-(2)--(RC 162)... N/A--These federal regulations are not
being incorporated by reference, since
the authority is being retained by EPA;
102.02(a); 102.02(b)(1); 1202.02(a)(1).
------------------------------------------------------------------------
Special Consolidated Checklist for the Wood Preserving Listings as of
December 31, 2002
------------------------------------------------------------------------
262.34(a)(1)(i)--(RC 92)..... 507.01(a)--(EQ); 507.02(a)--(EQ);
509.02(a)(6)--(EQ); 507.02(b)-(f)--NH
requires storage on impervious surfaces;
secondary containment if wastes with
free liquids are stored near floor
drains, manholes, or sinks; and for
containers stored outside, protection
from precipitation, secondary
containment, and setbacks from wells and
storm drains (MS); 509.03(b), (e), (g)
and (i)--For satellite storage NH
requires: Training, appropriate
management of incompatible wastes, and
inspections. (MS).
262.34(a)(1)(ii)--(RC 92).... 507.01(a); 507.02(a)--(EQ); 507.03(a)--
(EQ); 509.02(a)(7)--(EQ); 508.03(d)--NH
requires federal VSQGs that accumulate
>=100 kg of HW in tanks to comply with
portions of Subpart J. (MS).
------------------------------------------------------------------------
\1\ State of New Hampshire's Hazardous Waste Rules, effective August 14,
2017.
H. Who handles permits after the final authorization takes effect?
When the final authorization takes effect, New Hampshire will issue
permits for all the provisions for which it is authorized and will
administer the permits it issues. EPA will continue to administer and
enforce any RCRA and HSWA (Hazardous and Solid Waste Act) permits or
portions of permits that it has issued in New Hampshire prior to the
effective date of this authorization until the State incorporates the
terms and conditions of the federal permits into the State RCRA
permits. EPA will not issue any new permits, or new portions of
permits, for the provisions listed in the Table above after the
effective date of this authorization. EPA will continue to implement
and issue permits for any HSWA requirements for which New Hampshire is
not yet authorized. EPA has the authority to enforce state-issued
permits after the State is authorized.
I. What is codification and is EPA codifying New Hampshire's hazardous
waste program as authorized in this rule?
Codification is the process of placing citations and references to
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 adding these citations and references to
the authorized State rules in 40 CFR part 272. EPA is not proposing to
codify the
[[Page 7015]]
authorization of New Hampshire's changes at this time. However, EPA
reserves the ability to amend 40 CFR part 272, subpart EE for this
authorization of New Hampshire's program changes at a later date.
J. 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 New
Hampshire'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,
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: January 29, 2019.
Deborah A. Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2019-03590 Filed 2-28-19; 8:45 am]
BILLING CODE 6560-50-P