[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Proposed Rules]
[Pages 55871-55873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22703]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R09-RCRA-2019-0491; FRL-10001-19-Region 9]


California: Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
authorize changes California has made to its hazardous waste program 
under the Resource Conservation and Recovery Act (RCRA), as amended. 
EPA reviewed California's application for authorization of these 
changes and determined that the changes satisfy all requirements. EPA 
seeks public comment prior to taking final action.

DATES: Comments on this proposed rule must be received by November 18, 
2019.

ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-R09-
RCRA-2019-0491], at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Laurie Amaro, EPA Region 9, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3364 or by 
email at [email protected]. You may also view California's 
application at: California Environmental Protection Agency, Department 
of Toxic Substances Control, 1001 ``I'' Street, 11th Floor, Sacramento, 
CA 95814, Attention: Carmela Torres, Phone (916) 322-7893, from 8 a.m. 
to noon and 1 p.m. to 5 p.m., Monday through Friday (appointment 
preferred but not required).

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 California, 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 July 10, 2019, California submitted a program revision 
application to EPA seeking authorization of changes to its hazardous 
waste management program that correspond to certain Federal rules 
related to the universal waste rule initially promulgated by EPA on May 
11,1995 (63 FR 60 FR 25492) and amended on July 6, 1999 (64 FR 36466), 
December 24, 1998 (63 FR 71225), August 5, 2005 (70 FR 45508) and July 
14, 2006 (71 FR 40254). These regulatory changes are also known as RCRA 
rule checklists 142A, 142B, 142D, 142E, 176, 181 and 209. EPA concludes 
that California's application to revise its authorized program meets 
all statutory and regulatory requirements established by RCRA, as set 
forth in RCRA section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. 
Therefore, EPA proposes to grant California final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application dated July 10, 2019, and as outlined below in 
Section F of this document.
    California has responsibility for permitting treatment, storage, 
and disposal facilities within its borders (except in Indian country) 
and for carrying out the aspects of the RCRA program described in its 
revised program application, subject to the limitations of HSWA, as 
discussed above.

C. What is the effect of this authorization decision?

    If California is authorized for the changes described in the 
State's authorization application, these changes would become part of 
the authorized State hazardous waste program and would therefore be 
federally enforceable. California will continue to have primary 
enforcement authority and responsibility for its State hazardous waste 
program. EPA would retain its authorities under RCRA sections 3007, 
3008, 3013, and 7003, including its authority to:
     Conduct inspections, and require monitoring, tests, 
analyses or reports;
     Enforce RCRA requirements, including authorized California 
program requirements, and suspend or revoke permits; and
     Take enforcement actions regardless of whether the State 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which California is 
being authorized by today's action are already effective and are not 
changed by today's action.

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

    EPA will consider all comments received during the comment period 
and address them in a final rule. You may not have another opportunity 
to comment. If you want to comment on this authorization, you must do 
so at this time.

E. What has California previously been authorized for?

    California initially received final authorization for the state 
hazardous waste management program on July 23, 1992, effective August 
1, 1992 (57 FR

[[Page 55872]]

32726). EPA granted final authorization for changes to California's 
program on the following dates: September 26, 2001 (66 FR 49118), 
effective September 26, 2001 and October 7, 2011 (76 FR 62303), 
effective October 7, 2011.

F. What changes is EPA authorizing with today's action?

    EPA proposes to determine, subject to our consideration of any 
adverse written comments, that California's hazardous waste program 
revisions 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.
    Therefore, EPA is proposing to authorize California's program 
changes to adopt a universal waste program as outlined in the following 
table.

                 State Analogues to the Federal Program
------------------------------------------------------------------------
                                                       Analogous state
                                                    authority California
   Description of Federal                            code of regulations
 requirement (checklist, if     Federal Register       (CCR) title 22,
         applicable)              date and page       division 4.5 and
                                                      health and safety
                                                            code
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40 Code of Federal            60 FR 25492, May 11,  22 CCR 66273,
 Regulations (CFR) part 273,   1995, 63 FR 71225,    October 22, 2018.
 subparts A through G--        December 24, 1998;    Health & Safety
 Standards for Universal       64 FR 36466, July     Code 25201.16,
 Waste \a\ (Checklists 142     6, 1999; 70 FR        October 3, 2001.
 A, B, D, E, 176, 181, 209,    45508, Aug. 5,
 215) \b\.                     2005; 71 FR 40254,
                               July 14, 2006.
------------------------------------------------------------------------
\a\ Because several definitions in the state universal waste regulations
  do not have Federal counterparts, the state cited additional Federal
  regulations at 40 CFR 260.1, 260.10, 261.4, 262.81, 264.142 and 270.2
  in support of its application for authorization of the State's
  universal waste program.
\b\ Although Checklist 214 is mentioned in the State Attorney General's
  Statement, EPA is not including it here because the typographical and
  spelling corrections made in this checklist are not relevant to the
  State's regulatory language.

G. Where are the revised state rules different from the Federal rules?

    EPA considers the following California requirements to be beyond 
the scope of the Federal program:
     Notifications. Small quantity handlers of universal waste 
must notify the State of hazardous waste activity. Federal regulations 
in 40 CFR 273.12 exempt small quantity handlers of universal waste from 
notification of hazardous waste activity.
     Mercury-added lamps toxicity. Stricter toxicity standards 
in California Code of Regulations title 22 division 4.5, chapter 11 
cause some mercury-added lamps not defined as Federal hazardous waste 
to be covered under the California hazardous waste and universal waste 
programs.
     California-only universal wastes. California has added the 
following non-RCRA waste streams to its universal waste program: 
Aerosol cans, cathode ray tubes (CRTs), CRT glass and electronic 
devices.

Broader-in-scope requirements are not part of the authorized program 
and EPA cannot enforce them. Although regulated entities must comply 
with these requirements in accordance with state law, they are not RCRA 
requirements.
    In the State's application, it identified the consolidation of 
large and small quantity universal waste handler requirements resulting 
in the application of standards to handlers that would otherwise be 
exempt from the requirement as broader in scope. However, EPA has 
determined that this requirement is more stringent.

H. Who handles permits after the authorization takes effect?

    California will continue to issue permits for all the provisions 
for which it is authorized and will administer the permits it issues. 
Section 3006(g)(1) of RCRA, 42 U.S.C. 6926(g)(1), gives EPA the 
authority to issue or deny permits or parts of permits for requirements 
for which the state is not authorized. Therefore, whenever EPA adopts 
standards under HSWA for activities or wastes not currently covered by 
the authorized program, EPA may process RCRA permits in California for 
the new or revised HSWA standards until California has received final 
authorization for such new or revised HSWA standards. EPA and 
California have agreed to a joint permitting process for facilities 
covered by both the authorized program and standards under HSWA for 
which the State is not yet authorized, and for handling existing EPA 
permits after the State receives authorization.

I. How does today's action affect Indian country (18 U.S.C. 1151) in 
California?

    California is not authorized to carry out its hazardous waste 
program in Indian country within the state. Therefore, this action has 
no effect on Indian country. EPA retains jurisdiction over Indian 
country and will continue to implement and administer the RCRA program 
on these lands.

J. What is codification and is EPA codifying California's hazardous 
waste program as authorized in this rule?

    Codification is the process of placing the state's statutes and 
regulations that comprise the state's authorized hazardous waste 
program into the Code of Federal Regulations. EPA does this by 
referencing the authorized state rules in 40 CFR part 272. EPA is not 
proposing to codify the authorization of California's changes at this 
time. However, EPA reserves the amendment of 40 CFR part 272, subpart F 
for this authorization of California's program changes until a later 
date.

K. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
(RCRA state authorization) from the requirements of Executive Order 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011). Therefore, this action is not subject to review by OMB. This 
action authorizes state requirements for the purpose of RCRA 3006 and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, 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 authorizes 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 
(Pub. L. 104-4). As explained above, 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

[[Page 55873]]

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 authorizes 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 rule 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 3006(b), the 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 the 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 issuing this rule, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. The EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by 
examining the takings implications of the rule 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 rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). 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 rule authorizes pre-existing state rules which are at least 
equivalent to, and no less stringent than existing Federal 
requirements, and impose no additional requirements beyond those 
imposed by state law, and there are no anticipated significant adverse 
human health or environmental effects, the rule is not subject to 
Executive Order 12898. 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. The 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 action nevertheless will be effective 60 days 
after the final approval is published in the Federal Register.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian-lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    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: September 20, 2019.
Deborah Jordan,
Acting Regional Administrator, Region 9.
[FR Doc. 2019-22703 Filed 10-17-19; 8:45 am]
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