[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Proposed Rules]
[Pages 17572-17575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06592]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R09-RCRA-2021-0047; FRL-10021-21-Region 9]


Nevada: Authorization of State Hazardous Waste Management Program 
Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Nevada 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). These changes 
correspond to certain federal rules promulgated between July 1, 2008 
and July 1, 2018. EPA has reviewed Nevada's application with regard to 
federal requirements and is proposing to authorize the state's changes.

DATES: Comments on this proposed rule must be received by May 5, 2021.

ADDRESSES: All documents in the docket are listed in the 
www.regulations.gov index. Publicly available docket materials are 
available either electronically in www.regulations.gov, or in hard 
copy. You can view and copy Nevada's application and associated 
publicly available materials at the Nevada Department of Conservation 
and Natural Resources, Division of Environmental Protection, 901 So. 
Stewart Street, Ste. 4001, Carson City, NV 89701 (phone number: 775-
687-4670), during business hours from 9 a.m. to 5 p.m. Monday through 
Friday. Interested persons wanting to examine these documents should 
make an appointment at least 24 hours in advance.
    Instructions: Submit your comments, identified by Docket ID No. 
EPA-R09-RCRA-2021-0047, 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). The http://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 http://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. 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 FURTHER INFORMATION CONTACT: Sorcha Vaughan, 
[email protected], 415-947-4217

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

[[Page 17573]]

unauthorized states. Thus, EPA will implement those requirements and 
prohibitions in Nevada, 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?

    EPA concludes that Nevada'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 Nevada final 
authorization to operate as part of its hazardous waste program the 
changes listed below in Section F of this document, as further 
described in the authorization application.
    Nevada 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 the HSWA, as 
discussed above.

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

    If Nevada is authorized for the changes described in its 
authorization application, the changes will become part of the 
authorized state hazardous waste program, and therefore will be 
federally enforceable. Nevada will continue to have primary enforcement 
authority and responsibility for its state hazardous waste program. EPA 
retains 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 does not impose additional requirements on the 
regulated community because the regulations for which Nevada is being 
authorized by this action are already effective and are not changed by 
this 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 all such comments 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 Nevada previously been authorized for?

    Nevada initially received final authorization on August 19, 1985, 
effective November 1, 1985 (50 FR 42181) to implement the RCRA 
hazardous waste management program. Nevada has since received 
authorization for all revisions except for 40 CFR 260.22 and the final 
rule published on April 12, 1989 (61 FR 16289) addressing Imports and 
Exports of Hazardous Waste. EPA granted authorization for changes to 
Nevada's program on the following dates: April 29, 1992, effective June 
29, 1992 (57 FR 18083); May 27, 1994 and June 23, 1994 (corrections), 
effective July 26, 1994 (59 FR 27472 and 59 FR 32489); April 11, 1995, 
effective June 12, 1995 (60 FR 18358); June 24, 1996, effective August 
23, 1996 (61 FR 32345); January 29, 1999, effective March 30, 1999 (64 
FR 4596); June 12, 2002, effective August 12, 2002 (67 FR 40229); 
February 26, 2009, effective April 27, 2009 (74 FR 8757); and March 23, 
2016, effective June 6, 2016 (81 FR 35641).

F. What changes is EPA proposing with this action?

    Nevada submitted a final complete program revision application to 
EPA dated January 8, 2021, seeking authorization of changes to its 
hazardous waste program that correspond to certain federal rules 
promulgated between July 1, 2008 and July 1, 2018 (Checklists 219, 222, 
223, 225, 227-229, 231-233C, 234, and 236-239). EPA proposes to 
determine, subject to receipt of written comments that oppose this 
action, that Nevada'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 
authorization. Nevada adopts by reference the federal RCRA regulations 
in effect as of July 1, 2018, at Nevada Administrative Code (NAC) 
444.8632, as adopted in LCB File R084-19, effective August 25, 2020. 
The federal requirements for which the State is being authorized are as 
follows:

------------------------------------------------------------------------
   Description of federal       Federal Register
  requirement and checklist     volume, page and       Analogous state
           number                     date                authority
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Revisions to DSW Rule (219).  73 FR 64668-64788     NAC 444.8632.
                               (10/30/2008).
OECD Requirements; Export     75 FR 1236-1262 (1/8/ NAC 444.8632.
 Shipments of Spent Lead-      2010).
 Acid Batteries (222).
Technical Corrections/        75 FR 12989-13009 (3/ NAC 444.8632.
 Clarifications (223).         18/2010), 75 FR
                               31716-31717 (6/4/
                               2010).
Removal of Saccharin and its  75 FR 78918-78926     NAC 444.8632.
 Salts from the list of HW     (12/17/2010).
 (225).
Revisions to Treatment        76 FR 34147-34157 (6/ NAC 444.8632.
 Standards of Carbamate        13/2011).
 Wastes (227).
Technical Correction/         77 FR 22229-22232 (4/ NAC 444.8632.
 Clarification (228).          13/2012).
Conditional Exclusions for    78 FR 46448-46485 (7/ NAC 444.8632.
 Solvent Contaminated Wipes    31/2013).
 (229).
Hazardous Waste Electronic    79 FR 7518-7563 (2/7/ NAC 444.8632, NAC
 Manifest System (231).        2014).                444.8655, NAC
                                                     444.8666.
Revisions to Export           79 FR 36220-36231 (6/ NAC 444.8632, NAC
 Provisions of the Cathode     26/2014).             444.8633.
 Ray Tube (CRT) Rule (232).
Revision to DSW Rule--Non-    80 FR 1694-1814 (1/   NAC 444.8632.
 waste determinations and      13/2015).
 variances (233 A).
Revision to DSW Rule--        80 FR 1694-1814 (1/   NAC 444.8632.
 Legitimacy related            13/2015).
 provisions (233 B).
Revision to DSW Rule--        80 FR 1694-1814 (1/   NAC 444.8632.
 Speculative Accumulation      13/2015).
 (233 C).
Vacatur of Comparable Fuels   80 FR 18777-18780 (4/ NAC 444.8632.
 and Gasification (234).       8/2015).

[[Page 17574]]

 
Imports and Exports of        81 FR 85696-85729     NAC 444.8632, NAC
 Hazardous Waste (236).        (11/28/2016), 82 FR   444.8633.
                               41015-41016 (8/29/
                               2017).
Generator Improvements Rule   81 FR 85732-85829     NAC 444.8632, NAC
 (237).                        (11/28/2016).         444.6665, NAC
                                                     444.735, NAC
                                                     444.850, NAC
                                                     444.8677, NAC
                                                     444.8681.
Confidentiality               82 FR 60894-60901     NAC 444.8632.
 Determinations for            (12/26/2017).
 Hazardous Waste Export and
 Import Documents (238).
Electronic Manifest System    83 FR 420-462 (1/3/   NAC 444.8632.
 User Fee (239).               2018).
------------------------------------------------------------------------

G. How are the revised state rules different from the federal rules?

    More Stringent: Nevada did not adopt several optional provisions 
that are less stringent than existing Nevada rules, resulting in Nevada 
having a more stringent hazardous waste program. The provisions that 
Nevada did not adopt are:
     40 CFR 261.4(a)(23): Generator Controlled Exclusion 
(Definition of Solid Waste Rule)
     40 CFR 261.4(a)(24-25): Transfer-Based Exclusion 
(Definition of Solid Waste Rule)
     40 CFR 261.4(a)(27): Remanufacturing Exclusion (Definition 
of Solid Waste Rule)
     Part 262 Subpart K: Academic Laboratory Generator 
Standards
     40 CFR 261.4(h): Conditional Exclusion for Carbon Dioxide 
Streams in Geologic Sequestration
     40 CFR 261.4(b)(4): Disposal of Coal Combustion Residuals 
from Electric Utilities
    Nondelegable Rules: EPA cannot delegate the federal requirements in 
40 CFR 261.41 contained in the Revisions to the Export Provisions of 
the Cathode Ray Tube (CRT) Rule set forth in 79 FR 36220, the federal 
requirements contained in the Imports and Exports of Hazardous Waste 
rule set forth in 81 FR 85696, and the federal requirements in 40 CFR 
260.2(d) contained in the Confidentiality Determinations for Hazardous 
Waste Export and Import Documents Rule set forth in 82 FR 60894. While 
Nevada adopted these requirements by reference in NAC 444.8632, EPA 
will continue to implement these requirements.
    Variances and Determinations: Nevada adopted 40 CFR 260.30, but EPA 
retains any authority to grant any variance from the regulations. 
Nevada adopted 40 CFR 260.34 but non-waste determinations must be made 
by the EPA.
    Other than the differences discussed above, Nevada incorporates by 
reference the remaining federal rules listed in Section F, so there are 
no significant differences between the remaining federal rules and the 
revised state rules being authorized today.

H. Who handles permits after the authorization takes effect?

    Nevada will 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 Nevada for the new 
or revised HSWA standards until Nevada has received final authorization 
for such new or revised HSWA standards. EPA and Nevada 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 this action affect Indian country (18 U.S.C. 1151) in 
Nevada?

    Nevada 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 Nevada'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 
codifying the authorization of Nevada's changes at this time. However, 
EPA reserves the ability to amend 40 CFR part 272, subpart DD for this 
authorization of Nevada's program changes.

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. 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,

[[Page 17575]]

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 do not apply. See 15 U.S.C. 272 note, sec. 
12(d)(3), Pub. L. 104-113, 110 Stat. 783 (Mar. 7, 1996) (exempting 
compliance with the NTTAA's requirement to use VCS if compliance is 
``inconsistent with applicable law''). 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.). 
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: March 23, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-06592 Filed 4-2-21; 8:45 am]
BILLING CODE 6560-50-P