[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Rules and Regulations]
[Pages 29839-29843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08990]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2023-0042; FRL-10671-02-R4]
South Carolina: 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 South Carolina's changes to its
hazardous waste program under the Resource Conservation and Recovery
Act (RCRA), as amended. These changes were outlined in a September 26,
2022, application to the EPA. We have determined that these changes
satisfy all requirements needed for final authorization.
DATES: This authorization is effective on July 10, 2023 without further
notice
[[Page 29840]]
unless the EPA receives adverse comment by June 8, 2023. 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-2023-0042, 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 and lists all publicly
available docket materials electronically at www.regulations.gov. If
you are unable to make electronic submittals or require alternative
access to docket materials, please notify Leah Davis through the
provided contacts 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.
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 South Carolina,
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?
South Carolina submitted a complete program revision application
(PRA), dated September 26, 2022, seeking authorization of changes to
its hazardous waste program corresponding to certain Federal rules
promulgated between July 1, 2018, and June 30, 2021 (including RCRA
Clusters \1\ XXVII, XXVIII, and XXIX). Additionally, South Carolina's
PRA seeks authorization for certain provisions that had been excluded
from previously authorized checklists \2\ in Clusters XV (Checklist 207
only), XXIV (Checklist 233 only), and XXV (Checklist 237 only). The EPA
concludes that South Carolina'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 South Carolina
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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South Carolina has responsibility for permitting treatment,
storage, and disposal facilities within its borders (except in Indian
country, as defined at 18 U.S.C. 1151) and for carrying out the aspects
of the RCRA program described in its program revision application,
subject to the limitations of HSWA, as discussed above.
IV. What is the effect of this authorization decision?
The effect of this decision is that the changes described in South
Carolina's authorization application will become part of the authorized
State hazardous waste program and will therefore be federally
enforceable. South Carolina 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
[[Page 29841]]
authorizing South Carolina are already effective under State law and
are not changed by this action.
V. What has South Carolina previously been authorized for?
South Carolina initially received final authorization on November
8, 1985, effective November 22, 1985 (50 FR 46437), to implement the
RCRA hazardous waste management program. The EPA granted authorization
for changes to South Carolina's program on the following dates:
September 8, 1988, effective November 7, 1988 (53 FR 34758); February
10, 1993, effective April 12, 1993 (58 FR 7865); November 29, 1994,
effective January 30, 1995 (59 FR 60901); April 26, 1996, effective
June 25, 1996 (61 FR 18502); October 4, 2000, effective December 4,
2000 (65 FR 59135); August 21, 2001, effective October 22, 2001 (66 FR
43798); September 2, 2003, effective November 3, 2003 (68 FR 52113);
February 9, 2005, effective April 11, 2005 (70 FR 6765); March 28,
2005, effective May 27, 2005 (70 FR 15594); and November 20, 2020,
effective November 20, 2020 (85 FR 74265).
VI. What changes is the EPA authorizing with this action?
South Carolina submitted a complete program revision application,
dated September 26, 2022, seeking authorization of changes to its
hazardous waste management program in accordance with 40 CFR 271.21.
This application included changes associated with Checklists 240, 241,
242, and 243 from RCRA Clusters XXVII, XXVIII, and XIX. South Carolina
was previously authorized for Checklists 207, 233B, 233D2, 233E, and
237 in the November 20, 2020, Final Authorization (85 FR 74265);
however certain provisions of the Federal rules associated with these
checklists were excluded from authorization due to omissions or errors
that the EPA deemed substantive. South Carolina has corrected these
errors and omissions and has submitted these corrected provisions for
authorization in this application. The EPA has determined, subject to
receipt of written comments that oppose this action, that South
Carolina'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
South Carolina for the following program changes:
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Description of Federal requirement Federal Register date and page Analogous state authority \1\
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Checklist 207, Uniform Hazardous Waste 70 FR 10776, 3/4/2005........... R.61-79.262.21(f)(4).\3\
Manifest Rule \2\.
Checklist 233B, Revisions to the 80 FR 1694, 1/13/2015; 83 FR R.61-79.261.2(a)(2)(ii) [reserved].
Definition of Solid Waste--Legitimacy- 24664, 5/30/2018.
related Provisions, Including
Prohibition of Sham Recycling,
Definition of Legitimacy, Definition
of Contained \2\.
Checklist 233D2, Revisions to the R.61-79.261.2(c)(4) Table 1 and R.61-
Definition of Solid Waste--2008 DSW 79.270.42 Entries 9 and 10, Section
Exclusions and Non-Waste A (Appendix 1).
Determinations Including Revisions
From 2015 DSW Final Rule \2\.
Checklist 233E, Revisions to the R.61-79.261.2(c)(4) Table 1.
Definition of Solid Waste--
Remanufacturing Exclusion \2\.
Checklist 237, Hazardous Waste 81 FR 85732, 11/28/2016......... R.61-79.261.420(g).
Generator Improvements Rule \2\.
Checklist 240, Safe Management of 83 FR 61552, 11/30/2018......... R.61-79.260.10; R.61-79.261.4(i)
Recalled Airbags. [reserved]; R.61-79.261.4(j)(1)-(3);
R.61-79.262.14(a)(5)(ix).
Checklist 241, Management Standards for 84 FR 5816-5950, 2/22/2019...... R.61-79.261.4(a)(1)(ii); R.61-
Hazardous Waste Pharmaceuticals and 79.261.7(c); R.61-79.261.33(c)
Amendment to the P075 Listing for (including Comment) and (e) Table;
Nicotine. R.61-79.262.10(m)-(n); R.61-
79.262.13(c)(9); R.61-
79.262.14(a)(5)(ix)-(x); R.61-
79.264.1(g)(13); R.61-
79.265.1(c)(16); R.61.-79.266.500
through R.61-79.266.510 [Addition of
Subpart P]; R.61-79.268.7 Heading;
R.61-79.268.50(a) and (a)(4)-(5);
R.61-79.270.1(c)(2)(x); R.61-
79.273.80(a) and (d).
Checklist 242, Universal Waste 84 FR 67202, 12/9/2019.......... R.61-79.260.10; R.61-79.261.9(c)-(e);
Regulations: Addition of Aerosol Cans. R.61-79.264.1(g)(11)(iii)-(v); R.61-
79.265.1(c)(14)(iii)-(v); R.61-
79.268.1(f)(3)-(5); R.61-
79.270.1(c)(2)(viii)(C)-(E); R.61-
79.273.1(a)(3)-(5); R.61-
79.273.3(b)(2); R.61-79.273.6(a)-
(c), including (c)(1)-(2), R.61-
79.273.9; R.61-79.273.13(c)(2)(iii)-
(iv) and (e), including (e)(1)-(4);
R.61-79.273.14(f); R.61-
79.273.32(b)(4); R.61-
79.273.33(c)(2)(iii)-(iv) and (e),
including (e)(1)-(4); R.61-
79.273.34(f).
Checklist 243, Modernizing Ignitable 85 FR 40594, 7/7/2020........... R.61-79.260.11(a)-(e), including
Liquids Determinations. (e)(1)-(2); R.61-79.261.21(a)(1),
(a)(3)(ii)(A)-(D), (a)(4),
(a)(4)(i)(A), (a)(4)(i)(D), and
Appendix IX to Part 261.
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Notes
\1\ The South Carolina regulatory citations are from the South Carolina Hazardous Waste Management Regulations,
S.C. Code Ann. Regs. 61-79.260-273, effective May 27, 2022.
\2\ South Carolina was authorized for this Checklist as a part of the Final Authorization effective November 20,
2020, (85 FR 74265). The provisions listed for this entry were previously excluded from the November 20, 2020
(85 FR 74265) Final Authorization due to an omission or error which was deemed substantive. South Carolina is
submitting revisions to these provisions and the EPA is authorizing these individual provisions here.
\3\ There are certain regulatory provisions for which the states cannot be authorized to administer or
implement. These provisions include the requirements associated with the Federal manifest registry system
(Section 262.21) contained within the Uniform Hazardous Waste Manifest Rule (Checklist 207).
[[Page 29842]]
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.
VIII. Who handles permits after the authorization takes effect?
When final authorization takes effect, South Carolina 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 South
Carolina 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 South Carolina?
South Carolina is not authorized to carry out its hazardous waste
program in Indian country within the State, which includes the Indian
lands associated with the Catawba Indian Nation. Therefore, this action
has no effect on Indian country. The 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 South Carolina'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 South Carolina's revisions at this time.
However, the EPA reserves the ability to amend 40 CFR part 272, subpart
PP, for the authorization of South Carolina'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 action, 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
[[Page 29843]]
effects, this action 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 July 10, 2023.
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 30, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2023-08990 Filed 5-8-23; 8:45 am]
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