[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Rules and Regulations]
[Pages 22378-22379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10188]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R01-RCRA-2018-0431; FRL-9993-77-Region 1]
New Hampshire: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final authorization.
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SUMMARY: The Environmental Protection Agency (EPA) is granting New
Hampshire final authorization for changes to its hazardous waste
program under the Resource Conservation and Recovery Act (RCRA). The
Agency published a proposed rule on March 1, 2019, and provided for
public comment. Four (4) comments were received during the public
comment period. A summary and response to these comments is provided
below. These comments did not affect EPA's decision. No further
opportunity for comment will be provided.
DATES: This final authorization is effective May 17, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R01-RCRA-2018-0431. All documents in the docket are
listed on the https://www.regulations.gov website. 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, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Stephen Yee, RCRA Waste Management,
UST & Pesticides Section, Land, Chemicals and Redevelopment Division,
EPA Region 1, 5 Post Office Square, Suite 100 (Mail Code: 07-1),
Boston, MA 02109-3912, Tel: (617) 918-1197; Fax: (617) 918-0197, email:
[email protected].
SUPPLEMENTARY INFORMATION:
A. What changes to New Hampshire's hazardous waste program is EPA
authorizing with this action?
On September 10, 2018, New Hampshire submitted a complete program
revision application seeking authorization of changes to its hazardous
waste program in accordance with 40 CFR 271.21. EPA now makes a final
decision that New Hampshire's hazardous waste program revisions that
are being authorized 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. For a list
of State rules being authorized with this Final Authorization, please
see the Proposed Rule published in the March 1, 2019, Federal Register
at 84 FR 7010.
During the public comment period, EPA received four (4) comments.
These comments can be found at: https://www.federalregister.gov/documents/2019/03/01/2019-03590/new-hampshire-proposed-authorization-of-state-hazardous-waste-management-program-revisions. EPA has reviewed
these comments, which overall were supportive of EPA's proposed
authorization, and did not identify any specific factual or legal
deficiency in EPA's proposed authorization, or were outside the scope
of EPA's proposed action. Accordingly, they have not altered EPA's
final decision to authorize the New Hampshire's program revisions. EPA
will forward these comments to the State for their consideration.
Also, the following additions and corrections will become part of
the authorized program:
1. EPA inadvertently omitted two (2) Revision Checklists (RC)
during the preparation of the Proposed Rule Federal Register Notice.
These RCs were:
RC 82--Wood Preserving Listings, and
RC 192B--Land Disposal Restrictions (LDR) Correction. (RC 192B is
cited in the Special Consolidated Checklist (SCC) Phases I-IV LDR as of
12/31/2002).
The revisions in the RCs were incorporated into the NH regulations
and the provision are equivalent to the Federal regulations.
2. The following standalone checklists were inadvertently repeated
in the SCC for the Phases I-IV LDRs as of 12/31/2002 during the
preparation of the Propose Rule Federal Register Notice. They are:
RC 117A--``Mixture'' and ``Derived-From'' Rules; Response to Court
Remand, and
RC 178--Hazardous Waste Management System; Identification and
Listing of Hazardous Waste; Petroleum Refining Process Wastes;
Exemption for Leachate from Non-Hazardous Waste Landfills.
3. The following checklist was inadvertently listed in the SCC for
Wood Preserving during the preparation of the Proposed Rule Federal
Register Notice, it should have been listed in the SCC for the Phases
I-IV LDRs as of 12/31/2002:
RC 162--Clarification of Standards for Hazardous Waste LDR
Treatment Variances.
[[Page 22379]]
B. What is codification and is EPA codifying the 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 those citations and references to
the authorized State rules in 40 CFR part 272. EPA is not codifying the
authorization of New Hampshire's revisions at this time. However, EPA
reserves the ability to amend 40 CFR part 272, subpart EE for the
authorization of New Hampshire's program at a later date.
C. Statutory and Executive Order Reviews
This final authorization revises New Hampshire's authorized
hazardous waste management program pursuant to section 3006 of RCRA and
imposes no requirements other than those currently imposed by State
law. For further information on how this authorization complies with
applicable executive orders and statutory provisions, please see the
Proposed Rule published in the March 1, 2019 Federal Register at 84 FR
7010. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
document and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This final action is effective May 17, 2019.
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: May 1, 2019.
Deborah A. Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2019-10188 Filed 5-16-19; 8:45 am]
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