[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
------------------------------------------------------------------------
   Description of checklist
    number and the Federal      Analogous state authority \1\--(Env-Hw)
         requirement
------------------------------------------------------------------------
    RC 117A--Reissuance of the ``Mixture'' and ``Derived-From'' Rules
------------------------------------------------------------------------
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).
------------------------------------------------------------------------
                     RC 135--Recovered Oil Exclusion
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
      RC 140--Carbamate Production Identification and Listing of HW
------------------------------------------------------------------------
261.3(a)(2)(iv)(E)-(G).......  NH is not adopting these exemptions.
                                (BIS).
------------------------------------------------------------------------
                RC 169--Petroleum Refining Process Wastes
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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