[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Proposed Rules]
[Pages 10643-10646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03668]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2019-0673; FRL-10005-60-Region 4]


Florida: Proposed Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Florida 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 Florida's application and has determined, subject to 
public comment, 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 March 26, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2019-0673, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from www.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: Leah Davis, RCRA Programs and Cleanup 
Branch, LCR Division, U.S. Environmental Protection Agency, Atlanta 
Federal Center, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960; 
telephone number: (404) 562-8562; fax number: (404) 562-9964; email 
address: [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 Florida, 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 proposed rule?

    Florida submitted a final complete program revision application, 
dated September 16, 2019, seeking authorization of changes to its 
hazardous waste program that correspond to certain Federal rules 
promulgated between July 1, 2017 and June 30, 2019 (including RCRA 
Clusters \1\ XXVI, XXVII, and the May 30, 2018 Amendments to Checklist 
\2\ 233 from Cluster XXIV, Response to Vacatur of Certain Provisions of 
the Definition of Solid Waste Rule).\3\ EPA concludes that Florida'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 proposes to grant Florida final authorization to operate 
its hazardous waste program with the changes described in the 
authorization application, and as outlined below in Section F of this 
document.
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    \1\ A ``cluster'' is a grouping of hazardous waste rules that 
EPA promulgates from July 1st of one year to June 30th of the 
following year.
    \2\ A ``checklist'' is developed by EPA for each Federal rule 
amending the RCRA regulations. The checklists document the changes 
made by each Federal rule and are presented and numbered in 
chronological order by date of promulgation.
    \3\ Florida was originally authorized for Checklist 233 on May 
10, 2019, but deemed to be broader in scope than the Federal program 
given that it only adopted the 2015 Revisions to the Definition of 
Solid Waste Rule. With Florida's adoption of the May 2018 revisions, 
it is now equivalent to the Federal program.
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    Florida has responsibility for permitting treatment, storage, and 
disposal facilities within its borders (except in Indian country, as 
defined at 18 U.S.C. 1151) and for carrying out the aspects of the RCRA 
program described in its program revision application, subject to the 
limitations of HSWA, as discussed above.

C. What is the effect of this proposed authorization decision?

    If Florida is authorized for the changes described in Florida's 
authorization application, these changes will become part of the 
authorized State hazardous waste program, and will therefore be 
federally enforceable. Florida will continue to have primary 
enforcement authority and responsibility for its State hazardous waste 
program. EPA would maintain its authorities under RCRA sections 3007,

[[Page 10644]]

3008, 3013, and 7003, including its authority to:
     Conduct inspections, and require monitoring, tests, 
analyses, and 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 for which EPA is proposing 
to authorize Florida are already effective under State law, and are not 
changed by today's proposed action.

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

    EPA will evaluate any comments received on this proposed action and 
will make a final decision on approval or disapproval of Florida's 
proposed authorization. Our decision will be published in the Federal 
Register. 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 Florida previously been authorized for?

    Florida initially received final authorization on January 29, 1985, 
effective February 12, 1985 (50 FR 3908), to implement the RCRA 
hazardous waste management program. EPA granted authorization for 
changes to Florida's program on the following dates: December 1, 1987, 
effective March 3, 1988 (52 FR 45634); December 16, 1988, effective 
January 3, 1989 (53 FR 50529); December 14, 1990, effective February 
12, 1991 (55 FR 51416); February 5, 1992, effective April 6, 1992 (57 
FR 4371); February 7, 1992, effective April 7, 1992 (57 FR 4738); May 
20, 1992, effective July 20, 1992 (57 FR 21351); November 9, 1993, 
effective January 10, 1994 (58 FR 59367); July 11, 1994, effective 
September 9, 1994 (59 FR 35266); April 16, 1994, effective October 17, 
1994 (59 FR 41979); October 26, 1994, effective December 27, 1994 (59 
FR 53753); April 1, 1997, effective June 2, 1997 (62 FR 15407); January 
20, 1998, effective March 23, 1998 (63 FR 2896); September 18, 2000, 
effective November 18, 2000 (65 FR 56256); August 23, 2001, effective 
October 22, 2001 (66 FR 44307); August 20, 2002, effective October 21, 
2002 (67 FR 53886 and 67 FR 53889); October 14, 2004, effective 
December 13, 2004 (69 FR 60964); August 10, 2007, effective October 9, 
2007 (72 FR 44973); February 7, 2011, effective April 8, 2011 (76 FR 
6564); October 8, 2014, effective December 8, 2014 (79 FR 60756); and 
May 10, 2019, effective May 10, 2019 (84 FR 20549). The authorized 
Florida program, through RCRA Cluster IV, was incorporated by reference 
into the CFR on January 20, 1988, effective March 23, 1998 (63 FR 
2896).

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

    Florida submitted a final complete program revision application, 
dated September 16, 2019, seeking authorization of changes to its 
hazardous waste management program in accordance with 40 CFR 271.21. 
This application included changes associated with Checklists 233, 238, 
239, 240, and 241. EPA proposes to determine, subject to receipt of 
written comments that oppose this action, that Florida'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. Therefore, 
EPA is proposing to authorize Florida for the following program 
changes:

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     Description of Federal        Federal Register     Analogous State
           requirement               date and page       Authority \4\
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Checklist 233, Response to        83 FR 24664.......  F.A.C. 62-730.021
 Vacatur of Certain Provisions    5/30/18...........   and 62-
 of the Definition of Solid                            730.030(1).
 Waste.
Checklist 238, Confidentiality    82 FR 60894.......  F.A.C. 62-730.021;
 Determinations for Hazardous     12/26/17..........   62-730.030(1);
 Waste Export and Import                               and 62-
 Documents.                                            730.160(1).
Checklist 239, Hazardous Waste    83 FR 420.........  F.A.C. 62-
 Electronic Manifest User Fee.    1/3/18............   730.160(1); 62-
                                                       730.170(1); and
                                                       62-730.180(1) and
                                                       (2).
Checklist 240, Safe Management    83 FR 61552.......  F.A.C. 62-
 of Recalled Airbags.             11/30/18..........   730.020(1); 62-
                                                       730.030(1); and
                                                       62-730.160(1).
Checklist 241, Management         84 FR 5816........  F.A.C. 62-
 Standards for Hazardous Waste    2/22/19...........   730.030(1); 62-
 Pharmaceuticals and Amendment                         730.160(1); 62-
 to the PO75 Listing for                               730.180(1) and
 Nicotine.                                             (2); 62-
                                                       730.181(1); 62-
                                                       730.183; 62-
                                                       730.220(1); and
                                                       62-730.185.
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G. Where are the revised State rules different from the Federal rules?
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    \4\ The Florida regulatory citations are from the Florida 
Administrative Code (F.A.C.), effective August 16, 2019.
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    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 RCRA section 3009, 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.
    There are no State requirements in the program revisions listed 
above that are considered to be more stringent or broader in scope than 
the Federal requirements.
    States cannot administer certain Federal regulatory functions, such 
as the user fee provisions, included in the regulations associated with 
the Hazardous Waste Electronic Manifest User Fee Rule (Checklist 239). 
Although Florida has adopted these regulations to maintain its 
equivalency with the Federal program, it has appropriately maintained 
the Federal references in order to reserve EPA's authority to implement 
these non-delegable provisions (see F.A.C. 62-730.020(3)(b)).
    States also cannot administer certain Federal regulatory functions 
involving international shipments (i.e., import and export provisions) 
associated with the Confidentiality Determinations for Hazardous Waste 
Export and Import Documents Rule (Checklist 238). Although Florida has 
adopted these regulations to maintain its equivalency with the Federal 
program, it has appropriately maintained the Federal references in 
order to reserve EPA's authority to implement these non-

[[Page 10645]]

delegable provisions (see F.A.C. 62-730.020(3)(b)).

H. Who handles permits after the final authorization takes effect?

    When final authorization takes effect, Florida will issue permits 
for all the provisions for which it is authorized and will administer 
the permits it issues. EPA will continue to administer any RCRA 
hazardous waste permits or portions of permits that EPA issued prior to 
the effective date of authorization until they expire or are 
terminated. 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 the final authorization. EPA will continue to 
implement and issue permits for HSWA requirements for which Florida is 
not yet authorized. EPA has the authority to enforce State-issued 
permits after the State is authorized.

I. How does today's proposed action affect Indian country in Florida?

    Florida is not authorized to carry out its hazardous waste program 
in Indian country within the State, which includes the Indian lands 
associated with the Miccosukee Tribe of Indians of Florida and the 
Seminole Tribe of Florida. Therefore, this proposed 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 will EPA codify Florida's hazardous waste 
program as proposed 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 proposing to 
codify the authorization of Florida's changes at this time. However, 
EPA reserves the ability to amend 40 CFR part 272, subpart K for the 
authorization of Florida's program changes at a later date.

K. 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 
Florida'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).


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    Dated: February 2, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-03668 Filed 2-24-20; 8:45 am]
 BILLING CODE 6560-50-P