[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Rules and Regulations]
[Pages 54398-54401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19199]



[[Page 54398]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2022-0259; FRL-10134-02-R4]


Florida: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action on the authorization of Florida'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, 1987 and June 30, 
2020. We have determined that these changes satisfy all requirements 
needed for final authorization.

DATES: This authorization is effective on November 7, 2022 without 
further notice, unless the EPA receives adverse comment by October 6, 
2022. If the EPA receives adverse comment, we will publish a timely 
withdrawal of this direct final action in the Federal Register 
informing the public that the authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2022-0259, 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 https://www.epa.gov/dockets/commenting-epa-dockets.
    The EPA encourages electronic submittals, but if you are unable to 
submit electronically or need other assistance, please contact Leah 
Davis, the contact listed in the FOR FURTHER INFORMATION CONTACT 
section. Please also contact Leah Davis 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 Leah Davis, the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Leah Davis; 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) 562-8562; fax 
number: (404) 562-9964; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Why is the EPA using a direct final action?

    The EPA is publishing this action 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 this issue of the 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 action, see the ADDRESSES section 
of this document.
    If the EPA receives comments that oppose this authorization, we 
will withdraw this action by publishing a document in the Federal 
Register before the action becomes effective. The EPA will base any 
further decision on the authorization of the state program changes on 
the proposal mentioned in the previous paragraph. We will then address 
all public comments in a later final action.

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 Florida, 
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 action?

    Florida submitted a complete program revision application (PRA), 
dated September 1, 2021, and an amendment to the PRA, dated June 24, 
2022, seeking authorization of changes to its hazardous waste program 
corresponding to certain Federal rules promulgated between July 1, 1987 
and June 30, 2020 (including Non-HSWA Cluster \1\ IV (Checklist \2\ 
24.1 only), HSWA Cluster II (Checklist 44D only), RCRA Clusters VIII 
(Checklist 167B only), X (Checklists 182 and 182.1), XI (Checklist 190 
only), XV (Checklists 206.1 and 207.1), and XXVIII (Checklist 242). The 
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, the EPA grants Florida 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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    Florida has responsibility for permitting treatment, storage, and 
disposal facilities within its borders

[[Page 54399]]

(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.

IV. What is the effect of this authorization decision?

    The effect of this decision is that the changes described in 
Florida's authorization application 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. 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 Florida are already effective under State law and are not 
changed by this action.

V. 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. The 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); 
February 22, 2019 (Proposed), effective May 10, 2019 (84 FR 20549); and 
February 25, 2020, effective June 1, 2020 (85 FR 33026). 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).

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

    Florida submitted a complete program revision application, dated 
September 1, 2021, and an amendment to the PRA, dated June 24, 2022, 
seeking authorization of changes to its hazardous waste management 
program in accordance with 40 CFR 271.21. This application included 
changes associated with Checklist 242. Additionally, the amendment to 
the PRA included changes associated with older Checklists 24.1, 44D, 
167B, 182, 182.1, 190, 206.1, and 207.1.\3\ The EPA has determined, 
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, the EPA grants final authorization to 
Florida for the following program changes:
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    \3\ Florida previously adopted these older Federal rules 
associated with these checklists but has not yet been authorized for 
them. For completeness, the EPA is authorizing Florida for these 
older checklists now.

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  Description of Federal requirement          Federal Register date and page       Analogous state authority \1\
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Checklist 24.1, Closure/Post-Closure    53 FR 7740, 3/10/1988....................  62-730.020(1); 62-730.180(1)-
 and Financial Responsibility                                                       (2); 62-730.220(1); 62-
 Requirements \2\.                                                                  730.290(4).
Checklist 44D, EPA Administered Permit  52 FR 45788, 12/1/1987...................  62-730.290.
 Programs: The Hazardous Waste Permit
 Program.
Checklist 167B, Land Disposal           63 FR 28556, 5/26/1988...................  62-730.183.
 Restrictions Phase IV--Hazardous
 Soils Treatment Standards and
 Exclusions.
Checklists 182 and 182.1, NESHAPS:      64 FR 52827, 9/30/1999; 64 FR 63209, 11/   62-730.020(1); 62-730.030(1);
 Final Standards for Hazardous Air       19/1999.                                   62-730.180(1)-(2); 62-
 Pollutants for Hazardous Waste                                                     730.181(1); 62-730.220(1);
 Combustors (MACT Rule).                                                            62-730.290(4).
Checklist 190, Deferral of Phase IV     65 FR 81373, 12/26/2000..................  62-730.183.
 Standards for PCBs as a Constituent
 Subject to Treatment in Soil.
Checklist 206.1, Nonwastewaters from    70 FR 35032, 6/16/2005...................  62-730.030(1); 62-730.183.
 Dyes and Pigments Correction.
Checklist 207.1, Uniform Hazardous      70 FR 35034, 6/16/2005...................  62-730.020(1); 62-730.030(1);
 Waste Manifest Correction.                                                         62-730.160(1); 62-
                                                                                    730.170(1); 62-730.180(1)-
                                                                                    (2).
Checklist 242, Universal Waste          84 FR 67202, 12/9/19.....................  62-730.020(1); 62-730.030(1);
 Regulations: Addition of Aerosol Cans.                                             62-730.180(1)-(2); 62-
                                                                                    730.183; 62-730.220(1); 62-
                                                                                    730.185(1).
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Notes
\1\ The Florida regulatory citations are from the Florida Administrative Code (F.A.C.), effective October 30,
  2020.
\2\ The amendments made by Checklist 24.1 corrected errors in the preamble to the underlying Federal rule at 51
  FR 16422 (May 2, 1986). Florida properly adopted the required changes made by Checklist 24 and was previously
  authorized for those changes. We are including Checklist 24.1 in this authorization for completeness.


[[Page 54400]]

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 
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.

VIII. Who handles permits after the 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. 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 Florida is 
not yet authorized. The EPA has the authority to enforce State-issued 
permits after the State is authorized.

IX. How does this 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 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.

X. What is codification and is the EPA codifying Florida's hazardous 
waste program as authorized in this action?

    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 Florida's revisions at this time. 
However, the EPA reserves the ability to amend 40 CFR part 272, subpart 
K, for the authorization of Florida's program changes at a later date.

XI. 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 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.

[[Page 54401]]

    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 November 7, 2022.

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: August 26, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-19199 Filed 9-2-22; 8:45 am]
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