[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Pages 53558-53562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19986]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R09-RCRA-2021-0431; FRL-8828-02-R9]


Arizona: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action/decision/authorization.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action on the authorization of Arizona'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, 2007, and June 30, 
2020. We have determined that these changes satisfy all requirements 
needed for final authorization.

DATES: This authorization is effective on November 29, 2021 without 
further notice, unless the EPA receives adverse comment by October 28, 
2021. If the EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that the 
authorization will not take effect.

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 may also view

[[Page 53559]]

Arizona's application by contacting the Arizona Department of 
Environmental Quality Records Center at 602-771-4380, Monday through 
Friday, 8:30 a.m. to 4:30 p.m.
    Instructions: Submit your comments to EPA, 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 https://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 https://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 is the EPA using a direct final authorization?

    The EPA is publishing this authorization without a prior proposal 
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 this Federal Register, we are 
publishing a separate document that will serve as the proposed 
rulemaking 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 authorization, 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 authorization will not take effect. We will address all 
public comments in a subsequent final authorization and base any 
further decision on the authorization of the state program changes 
after considering all comments received during the comment period.

B. 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 Arizona, 
including the issuance of new permits implementing those requirements, 
until the State is granted authorization to do so.

C. What decisions has the EPA made in this authorization?

    Arizona submitted a complete program revision application dated 
June 7, 2021, seeking authorization of changes to its hazardous waste 
program corresponding to certain Federal rules promulgated between July 
1, 2007 and June 30, 2020. The EPA concludes that Arizona'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 Arizona 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.
    Arizona 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 
program revision application, subject to the limitations of HSWA, as 
discussed above.

D. What is the effect of this authorization decision?

    The effect of this decision is that the changes described in 
Arizona's authorization application will become part of the authorized 
State hazardous waste program and will therefore be federally 
enforceable. Arizona 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 Arizona are already effective under State law and are not 
changed by this action.

E. What has Arizona previously been authorized for?

    Arizona initially received final authorization on November 20, 
1985, to implement its base hazardous waste management program. Arizona 
received authorization for revisions to its program on August 6, 1991 
(56 FR 37290 effective October 7, 1991), July 13, 1992 (57 FR 30905 
effective September 11, 1992), November 23, 1992 (57 FR 54932 effective 
January 22, 1993), October 27, 1993 (58 FR 57745 effective December 27, 
1993), July 18, 1995 (60 FR 36731 effective June 12, 1995), March 7, 
1997 (62 FR 10464 effective May 6, 1997), October 28, 1998 (63 FR 
57605-57608 effective December 28, 1998), March 17, 2004 (69 FR 12544 
effective March 17, 2004, originally published on October 27, 2000 (65 
FR 64369)), and December 20, 2017 (82 FR 60550 effective January 20, 
2018).

[[Page 53560]]

F. What changes is the EPA authorizing with this action?

    Arizona submitted a final complete program revision application to 
EPA dated June 7, 2021, seeking authorization of changes to its 
hazardous waste program that correspond to certain Federal rules 
promulgated between July 1, 2007 and June 30, 2020 (Checklists 217-220, 
222, 223, 225-242). EPA proposes to determine, subject to receipt of 
written comments that oppose this action, that Arizona'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. Arizona adopts by 
reference the Federal RCRA regulations in effect as of June 30, 2020, 
at Arizona Administrative Code Title 18, Chapter 8, Article 2 (A.A.C 
R18-8-260 through 280, effective as of December 31, 2020).

----------------------------------------------------------------------------------------------------------------
                                                             Arizona Administrative  Arizona Administrative Code
 Description of Federal requirement     Federal Register      Register (A.A.R) and    (A.A.C) implementing rule
         and checklist No.            volume, page and date      effective date                sections
----------------------------------------------------------------------------------------------------------------
NESHAP: Final Standards for          73 FR 18970 (4/8/2008)  21 A.A.R 1246 (9/05/    R18-8-264 (A), R18-8-266
 Hazardous Waste Combustors (Phase                            2015).                  (A).
 I Final Replacement Standards and
 Phase II) Amendments (217).
F019 Exemption for Wastewater        73 FR 31756 (6/04/      21 A.A.R 1246 (9/05/    R18-8-261 (A).
 Treatment Sludges from Auto          2008).                  2015).
 Manufacturing Zinc Phosphating
 Processes.
Revisions to DSW Rule (219)........  73 FR 64668-64788 (10/  26 A.A.R 2949 (11/03/   R18-8-260 (C), R18-8-261
                                      30/2008).               2020).                  (A), R18-8-270 (A).
Academic Laboratories Generator      73 FR 72912 (12/01/     21 A.A.R 1246 (9/05/    R18-8-262 (A).
 Standards (220).                     2008).                  2015).
OECD Requirements; Export Shipments  75 FR 1236-1262 (1/8/   21 A.A.R 1246 (9/05/    R 18-8-262 (A), R18-8-263
 of Spent Lead-Acid Batteries (222).  2010).                  2015).                  (A), R18-8-264 (A), R18-8-
                                                                                      264 (A), R18-8-266 (A).
Technical Corrections/               75 FR 12989-13009 (3/   21 A.A.R 1246 (9/05/    R18-8-260 (C), R18-8-262
 Clarifications (223).                18/2010), 75 FR 31716-  2015).                  (A), R18-8-262 (A), R18-8-
                                      31717 (6/4/2010).                               263(A), R18-8-264 (A), R18-
                                                                                      8-265 (A), R18-8-266 (A),
                                                                                      R18-8-268, R18-8-270 (A).
Removal of Saccharin and its Salts   75 FR 78918-78926 (12/  21 A.A.R 1246 (9/05/    R18-8-261(A), R18-8-268.
 from the list of HW (225).           17/2010).               2015).
Academic Laboratories Generator      75 FR 79304 (12/20/     21 A.A.R 1246 (9/05/    R18-8-261 (A), R18-8-262
 Standards Technical Corrections      2010).                  2015).                  (A).
 (226).
Revisions to Treatment Standards of  76 FR 34147-34157 (6/   21 A.A.R 1246 (9/05/    R18-8-268.
 Carbamate Wastes (227).              13/2011).               2015).
Technical Correction/Clarification   77 FR 22229-22232 (4/   21 A.A.R 1246 (9/05/    R18-8-261 (A), R18-8-266
 (228).                               13/2012).               2015).                  (A).
Conditional Exclusions for Solvent   78 FR 46448-46485 (7/   21 A.A.R 1246 (9/05/    R18-8-260 (A), R18-8-261
 Contaminated Wipes (229).            31/2013).               2015).                  (A).
Conditional Exclusion for Carbon     79 FR 350 (1/03/2014).  25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-261
 Dioxide (CO2) Streams in Geologic                            2019).                  (A).
 Sequestration Activities (230).
Hazardous Waste Electronic Manifest  79 FR 7518-7563 (2/7/   25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-262
 System (231).                        2014).                  2019).                  (A), R18-8-263 (A), R18-8-
                                                                                      264 (A), R18-8-265 (A).
Revisions to Export Provisions of    79 FR 36220-36231 (6/   25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-261
 the Cathode Ray Tube (CRT) Rule      26/2014).               2019).                  (A).
 (232).
Revision to DSW Rule-Non-waste       80 FR 1694-1814 (1/13/  26 A.A.R 2949 (11/03/   R18-8-260 (C), R18-8-261
 determinations and variances (233).  2015).                  2020).                  (A), R18-8-270 (A).
Vacatur of Comparable Fuels and      80 FR 18777-18780 (4/8/ 25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-261
 Gasification (234).                  2015).                  2019).                  (A).
Disposal of Coal Combustion          80 FR 21302 (4/17/      25 A.A.R 435 (2/05/     R18-8-261 (A).
 Residuals from Electric Utilities    2015).                  2019).
 (235).
Imports and Exports of Hazardous     81 FR 85696-85729 (11/  25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-261
 Waste (236).                         28/2016), 82 FR 41015-  2019).                  (A), R18-8-262 (A), R18-8-
                                      41016 (8/29/2017).                              263 (A), R18-8-264 (A),
                                                                                      R18-8-265 (A), R18-8-266
                                                                                      (A), R18-8-273
Generator Improvements Rule (237)..  81 FR 85732-85829 (11/  25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-265
                                      28/2016).               2019).                  (A), R18-8-268, R18-8-
                                                                                      270(A), R18-8-273.
Confidentiality Determinations for   82 FR 60894-60901 (12/  25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-261
 Hazardous Waste Export and Import    26/2017).               2019).                  (A), R18-8-262 (A).
 Documents (238).
Hazardous Waste Electronic Manifest  83 FR 420-462 (1/3/     25 A.A.R 435 (2/05/     R18-8-260 (C), R18-8-262
 System User Fee (239).               2018).                  2019).                  (A), R18-8-263 (A), R18-8-
                                                                                      264 (A), R18-8-265 (A).
Safe Management of Recalled Airbags  83 FR 61552 (11/30/     26 A.A.R 2949 (11/03/   R18-8-260 (C), R18-8-261
 (240).                               2018).                  2020).                  (A), R18-8-262 (A).
Management Standards for Hazardous   84 FR 5816 (2/22/2019)  26 A.A.R 2949 (11/03/   R18-8-260 (C), R18-8-
 Waste Pharmaceuticals and                                    2020).                  261(A), R18-8-262 (A), R18-
 Amendment to the P075 Listing for                                                    8-263 (A), R18-8-264 (A),
 Nicotine (241).                                                                      R18-8-265 (A), R18-8-
                                                                                      266(A), R18-8-286, R18-8-
                                                                                      270 (A), R18-8-273.
Universal Waste Regulations:         84 FR 67202 (12/09/     26 A.A.R 2949 (11/03/   R18-8-260 (C), R18-8-261
 Addition of Aerosol Cans (242).      2019).                  2020).                  (A), R18-8-264 (A), R18-8-
                                                                                      265 (A), R18-8-268, R18-8-
                                                                                      270 (A), R18-8-273.
----------------------------------------------------------------------------------------------------------------


[[Page 53561]]

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

    More Stringent: 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.
    Since 1984, Arizona's hazardous waste rules have contained several 
procedural requirements that are more stringent than EPA's. These more 
stringent procedural requirements are authorized by Arizona Revised 
Statutes (ARS) section 49-922, which in directing Arizona to adopt 
hazardous waste rules, prohibits only nonprocedural standards that are 
more stringent than EPA's. 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.
    Removed Rules: On March 1, 2019, Arizona updated its hazardous 
waste program rules and removed the following procedural requirements 
that were more stringent than the EPA's Rules:
     Annual Reports: Arizona eliminated the requirement that 
Large Quantity Generators, Transfer, Storage and Disposal (TSD) 
Facilities, and Recyclers submit annual reports [previously in AAC R18-
8-260(E)(3); R18-8-262(H), R18-8-264(I) and R18-8-265(I), ACC R18-8-
261(J)].
     Hazardous Waste Manifest: Arizona no longer requires 
hazardous waste generators, transporters and TSD Facilities to provide 
a copy of all hazardous waste manifests to Arizona's Department of 
Environmental Quality monthly [previously in AAC R18-8-262(I) and (J); 
R18-8-263(C), R18-8-264(J) and R18-8-265(J)].
    Nondelegable Rules: The EPA cannot authorize states to implement 
certain Federal requirements associated with the Revisions to the 
Export Provisions of the Cathode Ray Tube (CRT) Rule (Checklist 232), 
Confidentiality Determinations for Hazardous Waste Export and Import 
Documents Rule (Checklist 238), and the Hazardous Waste Electronic 
Manifest User Fee Rule (Checklist 239). Arizona has adopted these 
requirements and appropriately preserved the EPA's authority to 
implement them.
    Other than the differences discussed above, Arizona 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 in this action.

H. Who handles permits after the authorization takes effect?

    When final authorization takes effect, Arizona 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 HSWA requirements for which Arizona is not yet authorized. 
The EPA has the authority to enforce state-issued permits after the 
state is authorized.

I. How does this action affect Indian country (18 U.S.C. 1151) in 
Arizona?

    Arizona is not authorized to carry out the hazardous waste program 
in Indian country. 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 the EPA codifying Arizona's hazardous 
waste program as authorized in this authorization?

    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 Arizona's revisions at this time. 
However, the EPA reserves the ability to amend 40 CFR part 272, subpart 
L, for the authorization of Arizona'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 authorizes 
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. 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 a 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

[[Page 53562]]

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) do not apply. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this authorization, 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), as amended by Executive Order 14008 (86 FR 
7619, February 1, 2021), 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 authorization 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).

    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 1, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-19986 Filed 9-27-21; 8:45 am]
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