[Federal Register Volume 86, Number 79 (Tuesday, April 27, 2021)]
[Rules and Regulations]
[Pages 22121-22124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08761]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2021-0229; FRL-10021-97-Region 4]
Georgia: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action on the authorization of Georgia's changes to its hazardous
waste program under the Resource Conservation and Recovery Act (RCRA).
These changes were outlined in an application to the EPA and correspond
to certain Federal rules promulgated between July 1, 2004, and June 30,
2020. We have determined that these changes satisfy all requirements
needed for final authorization.
DATES: This rule is effective on June 28, 2021 without further notice,
unless the EPA receives adverse comment by May 27, 2021. If the EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2021-0229, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The 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. The 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://www.epa.gov/dockets/commenting-epa-dockets.
The EPA encourages electronic submittals, but if you are unable to
[[Page 22122]]
submit electronically or need other assistance, please contact Kelly
Adams, the contact listed in the FOR FURTHER INFORMATION CONTACT
provision below. Please also contact Kelly Adams if you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you.
All documents in the docket are listed in the www.regulations.gov
index. Publicly available docket materials are available electronically
in www.regulations.gov. For alternative access to docket materials,
please contact Kelly Adams, the contact listed in the FOR FURTHER
INFORMATION CONTACT provision below.
FOR FURTHER INFORMATION CONTACT: Kelly Adams; RCRA Programs and Cleanup
Branch; Land, Chemicals and Redevelopment Division; U.S. Environmental
Protection Agency; Atlanta Federal Center, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8431; fax
number: (404) 562-9964; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Why is the EPA using a direct final rule?
The EPA is publishing this rule without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse comment. This action is a routine program change. However, in
the ``Proposed Rules'' section of today's Federal Register, we are
publishing a separate document that will serve as the proposed rule
allowing the public an opportunity to comment. We will not institute a
second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.
If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We will address all public
comments in a subsequent final rule and base any further decision on
the authorization of the State program changes after considering all
comments received during the comment period.
II. Why are revisions to state programs necessary?
States that have received final authorization from the 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 the 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 the 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 the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states
at the same time they take effect in unauthorized states. Thus, the EPA
will implement those requirements and prohibitions in Georgia,
including the issuance of new permits implementing those requirements,
until the State is granted authorization to do so.
III. What decisions has the EPA made in this rule?
Georgia submitted a complete program revision application, dated
January 4, 2021 and supplemented on February 9, 2021, seeking
authorization of changes to its hazardous waste program corresponding
to certain Federal rules promulgated between July 1, 2004 and June 30,
2020 (including RCRA Clusters \1\ XV (Checklist \2\ 206 only), XXIV
(Checklist 235 only), and XXVI through XXVIII). The EPA concludes that
Georgia'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, the EPA proposes to grant Georgia final authorization to
operate its hazardous waste program with the changes described in the
authorization application, and as outlined below in Section VI of this
document.
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\1\ A ``cluster'' is a grouping of hazardous waste rules that
the EPA promulgates from July 1st of one year to June 30th of the
following year.
\2\ A ``checklist'' is developed by the 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.
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Georgia has responsibility for permitting treatment, storage, and
disposal facilities within its borders 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.
IV. What is the effect of this authorization decision?
The effect of this decision is that the changes described in
Georgia's authorization application will become part of the authorized
State hazardous waste program and will therefore be federally
enforceable. Georgia will continue to have primary enforcement
authority and responsibility for its State hazardous waste program. The
EPA will maintain its authorities under RCRA sections 3007, 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 does not impose additional requirements on the
regulated community because the regulations for which the EPA is
authorizing Georgia are already effective under State law and are not
changed by today's action.
V. What has Georgia previously been authorized for?
Georgia initially received final authorization on August 7, 1984,
effective August 21, 1984 (49 FR 31417), to implement the RCRA
hazardous waste management program. The EPA granted authorization for
changes to Georgia's program on the following dates: July 7, 1986,
effective September 18, 1986 (51 FR 24549); July 28, 1988, effective
September 26, 1988 (53 FR 28383); July 24, 1990, effective September
24, 1990 (55 FR 30000); February 12, 1991, effective April 15, 1991 (56
FR 5656); May 11, 1992, effective July 10, 1992 (57 FR 20055); November
25, 1992, effective January 25, 1993 (57 FR 55466); February 26, 1993,
effective April 27, 1993 (58 FR 11539); November 16, 1993, effective
January 18, 1994 (58 FR 60388); April 26, 1994, effective June 27, 1994
(59 FR 21664); May 10, 1995, effective July 10, 1995 (60 FR 24790);
August 30, 1995, effective October 30, 1995 (60 FR 45069); March 7,
1996, effective May 6, 1996 (61 FR 9108); September, 18, 1998,
effective November 17, 1998 (63 FR 49852); October 14, 1999, effective
December 13, 1999 (64 FR 55629); November 28, 2000, effective March 30,
2001 (66 FR 8090); July 16, 2002, effective September 16, 2002 (67 FR
46600); November 19, 2002, effective January 21, 2003 (67 FR 69690);
July 18, 2003, effective September 16, 2003 (68
[[Page 22123]]
FR 42605); January 27, 2005, effective April 20, 2005 (70 FR 12973);
April 25, 2006, effective June 26, 2006 (71 FR 23864); May 2, 2013,
effective July 1, 2013 (78 FR 25579); January 26, 2015, effective March
27, 2015 (80 FR 3888); and February 22, 2019 (84 FR 5603).
VI. What changes is the EPA authorizing with this action?
Georgia submitted a complete program revision application, dated
January 4, 2021 and supplemented on February 9, 2021, seeking
authorization of changes to its hazardous waste management program in
accordance with 40 CFR 271.21. This application included changes
associated with Checklists 206, 235, and 238 through 242. The EPA has
determined, subject to receipt of written comments that oppose this
action, that Georgia'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, the EPA grants final authorization to
Georgia for the following program changes:
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Description of Federal Federal Register Analogous state
requirement date and page authority \1\
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Checklist 206 and 206.1, 70 FR 9138, 2/24/05; 391-3-11-.01(2); 391-
Nonwastewaters from Dyes 70 FR 35032, 6/16/ 3-11-.07(1); and
and Pigments. 05. 391-3-11-.16.
Checklist 235, Disposal of 80 FR 21302, 4/17/15 391-3-11-.01(2) and
Coal Combustion Residuals 391-3-11-.07(1).
from Electric Utilities.
Checklist 238, 82 FR 60894, 12/26/ 391-3-11-.01(2); 391-
Confidentiality 17. 3-11-.03(4); 391-3-
Determinations for 11-.07(1); and 391-
Hazardous Waste Export and 3-11-.08(1).
Import Documents \2\.
Checklist 239, Hazardous 83 FR 420, 1/3/18... 391-3-11-.01(2); 391-
Waste Electronic Manifest 3-11-.08(1); 391-3-
User Fee Rule \3\. 11-.09; and 391-3-
11-.10(1)-(3).
Checklist 240, Safe 83 FR 61552, 11/30/ 391-3-11-.01(2); 391-
Management of Recalled 18. 3-11-.02(1); 391-3-
Airbags. 11-.07(1); and 391-
3-11-.08(1).
Checklist 241, Management 84 FR 5816, 2/22/19. 391-3-11-.01(2); 391-
Standards for Hazardous 3-11-.07(1); 391-3-
Waste Pharmaceuticals and 11-.08(1); 391-3-11-
Amendment to the P075 .10(1)-(2); 391-3-
Listing for Nicotine. 11-.11(1)(a); 391-3-
11-.16; 391-3-11-
.18; and 391-3-11-
.19.
Checklist 242, Universal 84 FR 67202, 12/9/19 391-3-11-.01(2); 391-
Waste Regulations: Addition 3-11-.02(1); 391-3-
of Aerosol Cans. 11-.07(1); 391-3-11-
.10(1)-(2); 391-3-
11-.11(1)(a); 391-3-
11-.16; and 391-3-
11-.18.
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Notes
\1\ The Georgia regulatory citations are from the Georgia Rules for
Hazardous Waste Management, Ga. Comp. R. & Regs. r. 391-3-11, as
amended through October 5, 2020.
\2\ Georgia has not adopted 40 CFR 260.2(b) and is not seeking
authorization for this provision.
\3\ Georgia has not adopted 40 CFR 260.5 and is not seeking
authorization for this provision.
VII. Where are the revised State rules different than the Federal
rules?
When revised state rules differ from the Federal rules in the RCRA
state authorization process, the 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 in
the table above that are considered to be more stringent or broader in
scope than the Federal requirements.
The EPA cannot authorize states to implement certain Federal
requirements associated with the Confidentiality Determinations for
Hazardous Waste Export and Import Documents Rule (Checklist 238) and
the Hazardous Waste Electronic Manifest User Fee Rule (Checklist 239).
Georgia has adopted these requirements and appropriately preserved the
EPA's authority to implement them (see Ga. Comp. R. & Regs. r. 391-3-
11-.01(2)(c)).
VIII. Who handles permits after the authorization takes effect?
When final authorization takes effect, Georgia will issue permits
for all the provisions for which it is authorized and will administer
the permits it issues. The EPA will continue to administer any RCRA
hazardous waste permits or portions of permits that the EPA issued
prior to the effective date of authorization until they expire or are
terminated. The 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. The EPA will continue to
implement and issue permits for HSWA requirements for which Georgia is
not yet authorized. The EPA has the authority to enforce State-issued
permits after the State is authorized.
IX. What is codification and is the EPA codifying Georgia'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. The EPA does this by adding those citations and references
to the authorized State rules in 40 CFR part 272. The EPA is not
codifying the authorization of Georgia's revisions at this time.
However, the EPA reserves the ability to amend 40 CFR part 272, subpart
L, for the authorization of Georgia's program changes at a later date.
X. 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 authorizes
State requirements for the purpose of RCRA section 3006 and imposes no
additional requirements beyond those imposed by
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State law. Therefore, this action is not subject to review by OMB. 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 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
(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 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 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), 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 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 authorizes 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 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
final action will be effective June 28, 2021.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, 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: April 20, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-08761 Filed 4-26-21; 8:45 am]
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