[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Rules and Regulations]
[Pages 26359-26360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11895]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2018-0228; FRL-9994-75-Region 5]


Michigan: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is granting Michigan 
final authorization for changes to its hazardous waste program under 
the Resource Conservation and Recovery Act (RCRA). The Agency published 
a proposed rule on October 10, 2018, and provided for public comment. 
No comments were received on the proposed revisions. No further 
opportunity for comment will be provided.

DATES: This final authorization is effective June 6, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R05-RCRA-2018-0228. The Docket ID No. was identified 
as EPA-R05-RCRA-2017-0381 in the proposed rule published in the October 
10, 2018, Federal Register at 83 FR 50868, but that Docket ID No. was 
incorrect. All documents in the docket are listed on the http://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: Judith Greenberg, RCRA C and D 
Section, Land and Chemicals Branch, Land, Chemicals and Redevelopment 
Division, U.S. Environmental Protection Agency, 77 W Jackson Blvd., 
Chicago, IL 60604, phone number: (312) 886-4179, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. What changes to Michigan's hazardous waste program is EPA 
authorizing with this action?

    On March 2, 2018, Michigan 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 Michigan'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 the 
requirements necessary to qualify for final authorization. For a list 
of State rules being authorized with this final rule, please see the 
proposed rule published in the October 10, 2018, Federal Register at 83 
FR 50869.

B. Which revised state rules are different from the federal rules?

    See the October 10, 2018, proposed rule for a description of which 
state rules are different from the federal rules, with one exception. 
The proposed rule incorrectly stated that Michigan has proposed 
additions to its Universal Wastes that will add Antifreeze, Aerosol 
Cans and Paint Wastes that are not already regulated as hazardous 
waste. This statement should be disregarded.

[[Page 26360]]

C. What is codification and is EPA codifying the Michigan'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 Michigan's revisions at this time. However, EPA 
reserves the ability to amend 40 CFR part 272, subpart X for the 
authorization of Michigan's program changes at a later date.

D. Statutory and Executive Order Reviews

    This final authorization revises Michigan'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 October 10, 2018 Federal Register at 83 FR 50869. 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 will be effective on June 6, 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 21, 2019.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2019-11895 Filed 6-5-19; 8:45 am]
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