[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55387-55394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17387]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2023-0264; FRL 11231-02-R1]


New Hampshire: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: New Hampshire has applied to the Environmental Protection 
Agency (EPA) for final authorization of revisions to its hazardous 
waste program under the Resource Conservation and Recovery Act (RCRA), 
as amended. The EPA has reviewed New Hampshire's application and has 
determined that these revisions satisfy all requirements needed to 
qualify for final authorization. Therefore, we are taking direct final 
action to authorize the State's changes. In the ``Proposed Rules'' 
section of this issue of the Federal Register, the EPA is also 
publishing a separate document that serves as the proposal to authorize 
these revisions. Unless the EPA receives written comments that oppose 
this authorization during the comment period, the decision to authorize 
New Hampshire's revisions to its hazardous waste program will take 
effect.

DATES: This final authorization will become effective on October 16, 
2023, unless the EPA receives adverse written comments by September 14, 
2023. If the EPA receives any such comment, the EPA will publish a 
timely withdrawal of this direct final rule in the Federal Register and 
inform the public that this authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2023-0264, 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://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tulasi Landes, RCRA Waste Management, 
and Lead Branch; Land, Chemicals and Redevelopment Division; EPA Region 
1, 5 Post Office Square, Suite 100 (Mail code 07-1), Boston, MA 02109-
3912; telephone number: (617) 918-1228; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

A. 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 that they take effect in unauthorized states. Thus, 
the EPA will implement those requirements and prohibitions in New 
Hampshire, including the issuance of new permits implementing those 
requirements, until New Hampshire is granted authorization to do so.

B. What decisions has the EPA made in this rule?

    On June 9, 2023, New Hampshire submitted a complete program 
revision application seeking authorization of revisions to its 
hazardous waste program. The EPA concludes that New Hampshire's 
application to revise its authorized program meets all the statutory 
and regulatory requirements established by RCRA, as set forth in RCRA 
Section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, the 
EPA grants final authorization to New Hampshire to operate its 
hazardous waste program with the revisions described in its 
authorization

[[Page 55388]]

application, and as listed below in Section G of this document.
    The New Hampshire Department of Environmental Services (NHDES) 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 application, subject to the limitations 
of HSWA, as discussed above.

C. What is the effect of this authorization decision?

    This decision serves to authorize New Hampshire for the revisions 
to its authorized hazardous waste program described in its 
authorization application. These changes will become part of the 
authorized State hazardous waste program and will therefore be 
federally enforceable. New Hampshire will continue to have primary 
enforcement authority and responsibility for its State hazardous waste 
program. The EPA would 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 will not impose additional requirements on the 
regulated community because the regulations for which the EPA is 
authorizing New Hampshire are already effective under state law and are 
not changed by this action.

D. Why wasn't there a proposed rule before this rule?

    Along with this direct final rule, the EPA is publishing a separate 
document in the ``Proposed Rules'' section of this issue of the Federal 
Register that serves as the proposal to authorize New Hampshire's 
program revisions. The EPA did not publish a proposal before this rule 
because the EPA views this as a routine program change and does not 
expect comments that oppose this approval. The EPA is providing an 
opportunity for public comment now, as described in Section E of this 
document.

E. What happens if the EPA receives comments that oppose this action?

    If the EPA receives comments that oppose this authorization, the 
EPA will withdraw this direct final rule by publishing a document in 
the Federal Register before the rule becomes effective. The EPA will 
base any further decision on the authorization of New Hampshire's 
program revisions on the proposal mentioned in the previous section, 
after considering all comments received during the comment period. The 
EPA will then address all such comments in a later final rule. You may 
not have another opportunity to comment. If you want to comment on this 
authorization, you must do so at this time.
    If the EPA receives comments that oppose only the authorization of 
a particular revision to New Hampshire's hazardous waste program, the 
EPA will withdraw that part of this rule, but the authorization of the 
program revisions that the comments do not oppose will become effective 
on the date specified above. The Federal Register withdrawal document 
will specify which part of the authorization will become effective, and 
which part is being withdrawn.

F. What has New Hampshire previously been authorized for?

    The State of New Hampshire initially received final authorization 
on December 18, 1984, effective January 3, 1985 (49 FR 49093) to 
implement the RCRA hazardous waste management program. EPA granted 
authorization for changes to New Hampshire's program on the following 
dates: November 14, 1994, effective January 13, 1995 (59 FR 56397); and 
February 27, 2006, effective April 28, 2006 (71 FR 9727); and March 1, 
2019, effective May 17, 2019 (84 FR 22378).

G. What revisions is the EPA proposing with this proposed action?

    On June 9, 2023, New Hampshire submitted a final complete program 
revision application, seeking authorization of additional revisions to 
its program in accordance with 40 CFR 271.21. New Hampshire seeks 
authority to administer the federal requirements that are listed in 
Table 1 below. This table lists New Hampshire's analogous requirements 
that are being recognized as no less stringent than the analogous 
federal requirements.
    New Hampshire is seeking authorization for updated state 
regulations addressing most federal requirements and for changes to New 
Hampshire's base program for which they had been previously authorized. 
Significant program revisions in this package include the Management 
Standards for Hazardous Waste Pharmaceuticals, and the e-Manifest rule.
    The EPA proposes to determine, subject to public review and 
comment, that New Hampshire'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. We are proposing to authorize the 
program changes as provided in each of the following Revision 
Checklists (RC):

CL086: Removal of Strontium Sulfide from the List of Hazardous Wastes; 
Technical Amendment
CL125: Boilers and Industrial Furnaces; Changes for Consistency with 
New Air Regulations
CL144: Removal of Legally Obsolete Rules
CL193: Change of Official EPA Mailing Address
CL209: Universal Waste Rule: Specific Provisions for Mercury Containing 
Equipment
CL213: Burden Reduction Initiative
CL214: Corrections to Errors in the Code of Federal Regulations
CL223: Hazardous Waste Technical Corrections and Clarification
CL228: Hazardous Waste Technical Corrections and Clarifications Rule
CL236: Imports and Exports of Hazardous Waste
CL238: Confidentiality Determinations for Hazardous Waste Export and 
Import Documents
CL240: Safe Management of Recalled Airbags
CL241: Management Standards for Hazardous Waste Pharmaceuticals and 
Amendment to the P075 Listing for Nicotine
CL242: Universal Waste Regulations: Addition of Aerosol Cans
SCC E-Manifest: Special Consolidated Checklist for the Hazardous Waste 
Electronic Manifest Rules

H. Where are the revised State rules different from the Federal rules?

    When revised state rules differ from the Federal rules in the RCRA 
state authorization process, EPA determines whether the state rules are 
equivalent to, more stringent than, or broader in scope than the 
federal program. Pursuant to Section 3009 of RCRA, 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. The most significant differences between the 
New Hampshire rules and the federal rules are highlighted and 
summarized in the Table 1 below. It should be noted that

[[Page 55389]]

this summary does not describe every difference, nor every detail 
regarding the differences that are described. Members of the regulated 
community are advised to read the complete regulations to ensure that 
they understand their compliance responsibilities.

1. More Stringent Provisions

    There are aspects of the New Hampshire program which are more 
stringent than the federal program. These requirements would become 
part of New Hampshire's authorized program and would be federally 
enforceable. All of these more stringent requirements are, or will 
become, part of the federally enforceable RCRA program when authorized 
by the EPA and must be complied with in addition to the State 
requirements which track the minimum federal requirements. These more 
stringent requirements are identified as MS in the Table 2 below.

2. Broader-in-Scope Provisions

    There are aspects of the New Hampshire program that are broader-in-
scope than the federal program. These broader-in-scope requirements do 
not become part of the authorized program and EPA cannot enforce them. 
Regulated entities must comply with these requirements in accordance 
with State law. These broader-in-scope requirements are identified as 
BIS in the Table 2 below.

3. Partially Broader-in-Scope

    There are aspects of the New Hampshire program that are partially 
broader-in-scope than the federal program. These partially broader-in-
scope requirements are the result of New Hampshire not adopting certain 
portions of the regulations. These partially broader-in-scope 
requirements are not part of the authorized program and EPA cannot 
enforce them. However, the parts of the regulations which are not 
partially broader-in-scope are part of the federally enforceable RCRA 
program. Regulated entities must comply with these requirements in 
accordance with State law. These broader-in-scope requirements are 
identified as Partially BIS in the Table 2 below.

4. Different But Equivalent Provisions

    New Hampshire also has some regulations that differ from, but have 
been determined to be equivalent to, the federal regulations. These 
state regulations will become part of the federally enforceable RCRA 
program when authorized by the EPA. These different but equivalent 
requirements are identified as EQ in the Table 2 below.
    5. There are certain federal requirements that EPA cannot delegate 
to the States, although New Hampshire has adopted these requirements by 
reference, EPA would continue to implement those requirements. These 
requirements are identified in the Table 2 below.

 Table 1--New Hampshire's Equivalent Analogs to the Federal Requirements
------------------------------------------------------------------------
                                 Description of
    Federal requirements        checklist No. and      Analogous State
                               Federal requirement        authority
------------------------------------------------------------------------
CL 86: Removal of Strontium   56 FR 7567-7568;      402.04(d);
 Sulfide from the List of      February 25, 1991.    405.02(b).
 Hazardous Wastes; Technical
 Amendment.
CL 125: Boilers and           58 FR 38816-38884;    401.06(l).
 Industrial Furnaces;          July 20, 1993.
 Changes for Consistency
 with New Air Regulations.
CL 144: Removal of Legally    60 FR 33912-33915;    102.01;
 Obsolete Rules.               June 29, 1995.        304.02(a)(6);
                                                     304.10; 304.10(a);
                                                     304.02(f);
                                                     304.02(f)(1).
CL193: Change of Official     66 FR 34374-34376;    104.58; 401.06(k);
 EPA Mailing Address.          June 28, 2001.        Appendix B.
CL 209: Universal Waste       70 FR 45508-45522;    104.12; 104.76;
 Rule: Specific Provisions     August 5, 2005.       104.76(c);
 for Mercury Containing                              701.02(a)(13);
 Equipment.                                          1202.02(d);
                                                     303.02(i); 1101.02;
                                                     1111.01; 401.01;
                                                     1111.02(a)-(c);
                                                     1101.03(a);
                                                     1101.03(c) and (f);
                                                     1101.03(e);
                                                     1102.03(b);
                                                     1111.03;
                                                     1102.03(c);
                                                     1111.03(a)-(b);
                                                     1102.03(c);
                                                     1111.03(d)-(e);
                                                    1111.03(d)(1)-(2);
                                                     1111.03(f);
                                                     1111.03(f)(1)-(2);
                                                     1111.03(g);
                                                     1111.04;
                                                     1104.03(b)(1).
CL 213: Burden Reduction      71 FR 16862-16915;    202.04(a)(4);
 Initiative.                   April 4, 2006.        401.03(a)(12);
                                                     401.03(b)(14);
                                                     708.02(a)(4)-(5);
                                                     708.02(a)(10);
                                                     705.01(b)-(c);
                                                     705.01(c)(1)-(6);
                                                     705.01(b)(6);
                                                     705.01(b)(10);
                                                     708.02(a)(11)-(13);
                                                     708.03(d)(1)-(2);
                                                     708.03(d)(4)-(8);
                                                     708.03(d)(10);
                                                     707.03(a)(4)-(5);
                                                     707.03(a)(9)-(12);
                                                     707.04(b)-(g);
                                                     707.04(k)-(l);
                                                     1202.01; 304.11;
                                                     202; 304.11(a)(9);
                                                     304.25.
CL214: Corrections to Errors  71 FR 40254-40280;    103.77; 104.28;
 in the Code of Federal        July 14, 2006.        104.76; 104.80;
 Regulation.                                         808.06(a)-(b);
                                                     803.03(a)(1);
                                                     401.01(d)-(e);
                                                     401.03(b)(6);
                                                     401.03(b)(6)a;
                                                     401.03(b)(9);
                                                     401.03(b)(14);
                                                     804.02(b)-(c);
                                                     804.02(e)-(f);
                                                     804.01(b)(4);
                                                     403.03(b)(3)-(4);
                                                     403.06(c)-(d);
                                                     402.06(a)-(b);
                                                     402.07(a);
                                                     402.04(b);
                                                     402.05(b);
                                                     402.01(b);
                                                     405.02(b);
                                                     803.03(b)(5)a;
                                                     501.02(a); 512.03;
                                                     510.06(a);
                                                     701.02(a)(6); RSA
                                                     147-A:13;
                                                     708.02(a)(2);
                                                     708.02(a)(6);
                                                     302.04; 103.01;
                                                     702.10;
                                                     708.02(a)(11)-(13);
                                                     708.03(d)(1)-(10);
                                                     705.01(c)(1)e;
                                                     705.01(c)(1)f;
                                                     701.02(a)(6);
                                                     707.03(a)(1);
                                                     707.03(a)(3);
                                                     707.03(a)(5);
                                                     707.03(a)(7);
                                                     707.03(a)(9);
                                                     702.10;
                                                     707.03(a)(10)-(12);
                                                     707.04(b)-(g);
                                                     707.04(j)-(l);
                                                     707.03(a)(6);
                                                     707.04; 801.02(d);
                                                     809.01-809.04;
                                                     102.01; 1202.01;
                                                     509.05; 707.05;
                                                     708.04; 301; 303;
                                                     304; 304.03;
                                                     303.02(k); 104.22;
                                                     104.37;
                                                     304.11(a)(9);
                                                     304.10(d);
                                                     304.11(a)(1);
                                                     304.11; 304.24(d);
                                                     304.26(f); 304.25;
                                                     304.02(a)(7) &
                                                     (f)(3); 104.76;
                                                     1102.03(b);
                                                     1110.04; 1110.06;
                                                     1109.04, 102.02(a)
                                                     and (b)(1);
                                                     1202.02(a)(1)-(3)
                                                     and (b)(8);
                                                     304.02(a).

[[Page 55390]]

 
CL223: Hazardous Waste        75 FR 12989-13009;    104.34; 803.01;
 Technical Corrections and     75 FR 31716-31717;    804.02(a);
 Clarifications.               March 18, 2010,       804.02(c);
                               June 4, 2010.         401.03(b); 802.02;
                                                     804.01(b)(3);
                                                     401.03(b)(21);
                                                     401.03(d)-(e);
                                                     404.04;
                                                     401.03(d)(1);
                                                     401.03(d)(3);
                                                     403.05(b)(8);
                                                     402.02; 503.03(d);
                                                     402.06(a);
                                                     402.07(a);
                                                     402.05(b);
                                                     402.01(b);
                                                     501.02(a); 101.02;
                                                     511.02(b);
                                                     511.02(b)(1)-(2);
                                                     511.02(b)(2)b;
                                                     511.02(b)(2)a;
                                                     511.02(b)(3);
                                                     511.02(d);
                                                     512.01(a)(1);
                                                     512.04; 511.01(c)-
                                                     (d); 511.02(e);
                                                     511.02(e)(1)-(2);
                                                     511.01(e); 104.67;
                                                     304.11;
                                                     601.01(b)(2)-(3);
                                                     701.01(a);
                                                     708.02(a)(10);
                                                     704.01;
                                                     708.03(d)(6);
                                                     707.03(a)(9);
                                                     707.04(g);
                                                     805.01(c)-(d);
                                                     808.05; 809.04(b);
                                                     1202.01; 304.06(a);
                                                     304.06(a)(1);
                                                     304.06(a)(3)-(5).
CL228: Hazardous Waste        77 FR 22229-22232;    402.07(a);
 Technical Corrections and     April 13, 2012.       805.01(d).
 Clarifications.
CL236: Imports and Exports    81 FR 85696-85729,    102.01; 501.03(c);
 of Hazardous Waste.           82 FR 41015-41016;    510.06(b);
                               November 28, 2016,    401.03(b)(13)-(14);
                               August 29, 2017.      401.03(b)(36);
                                                     510.06;
                                                     601.01(b)(5);
                                                     703.01;
                                                     705.01(b)(1); 804;
                                                     808.02(e);
                                                     808.03(e);
                                                     809.03(c); 809.05;
                                                     1101.02(c);
                                                     1102.08(a);
                                                     1106.07(a)-(b);
                                                     1102.08(b);
                                                     501.01(c);
                                                     504.01(g);
                                                     504.02(g);
                                                     512.03(a)(1)-(3);
                                                     512.04(a) and
                                                     (c)(4); 103.45;
                                                     103.56; 103.75;
                                                     512.03(b);
                                                     601.01(a);
                                                     604.01(d);
                                                     604.01(a); 703.01;
                                                     709.01(c);
                                                     804.02(e); 808.01;
                                                     808.02(a)-(b);
                                                     808.03(a)-(b);
                                                     808.04(a)(1)-(3);
                                                     804.02(f); 809.01;
                                                     809.05; 809.06;
                                                     1109.01(b);
                                                     1104.05(a)-(b);
                                                     1107.03(a)-(b);
                                                     1101.02(b)-(c);
                                                     1101.02(b)(1)-(3);
                                                     708.02(a)(1);
                                                     707.03(a)(1); and
                                                     1104.06(a)-(b).
CL238: Determinations for     82 FR 60894-60901;    203.02; 203.03(d);
 Hazardous Waste Export and    December 26, 2017.    1102.08(b);
 Import Documents.                                   1106.07(b);
                                                     401.03(b)(36);
                                                     510.06;
                                                     601.01(b)(5);
                                                     705.01(b)(1);
                                                     808.02(e);
                                                     808.03(e);
                                                     808.04(a)(3);
                                                     809.03(c); 809.05;
                                                     1101.02(c);
                                                     1102.08(a);
                                                     1106.07(a).
CL240: Safe Management of     83 FR 61552-61563;    401.02(a);
 Recalled Airbags.             November 30, 2018.    401.02(b);
                                                     401.02(c);
                                                     401.03(k);
                                                     401.03(k)(1)-(4);
                                                     401.03(k)(5);
                                                     401.03(l)(1);
                                                     401.03(l)(2)-(3).
CL241: Management Standards   84 FR 5816-5950;      401.03(d)(4);
 for Hazardous                 February 22, 2019.    401.03(b)(21) &
 Pharmaceuticals and                                 (d); 402.04(a)(2);
 Amendment to the P075                               402.05(a)(2);
 Listing for Nicotine.                               402.04(b);
                                                     501.02(i);
                                                     501.01(d);
                                                     501.02(j) & (k);
                                                     503.03(a)(11);
                                                     511.01(g)(1);
                                                     511.01(g)(2);
                                                     701.02(a)(15);
                                                     1302.01; 103.49;
                                                     103.67; 103.69;
                                                     1302.02(a)(1);
                                                     1302.02(a)(2);
                                                     104.08; 104.19;
                                                     104.30; 104.33;
                                                     104.43; 501.01(e);
                                                     1302.02(b)(1);
                                                     1302.02(b)(2);
                                                     1302.02(b)(3);
                                                     1302.02(b)(4);
                                                     1302.02(c)(1)-(9);
                                                     1302.02(d)(1)-(3);
                                                     1302.02(e)(1)-(5);
                                                     1302.02(f);
                                                     1302.02(g);
                                                     1302.02(h)(1)-(2);
                                                     1302.02(i)(1)-(3);
                                                     1302.02(j)(1)-(10);
                                                     1202.01; 303.02(n);
                                                     1108.01(a);
                                                     1108.01(c).
CL242: Universal Waste        84 FR 67202;          103.07; 104.76(c);
 Regulations: Addition of      December 9, 2019.     104.76(d);
 Aerosol Cans.                                       104.76(g); 104.77;
                                                     701.02(a)(13);
                                                     1202.02(d);
                                                     303.02(i);
                                                     1110.01(b); 1115;
                                                     1115.01; 401.01;
                                                     1115.02; 1115.02(a)-
                                                     (b); 1101.03(c) and
                                                     (f); 104.29;
                                                     1101.03(e);
                                                     1102.03(b);
                                                     1115.03(a)-(c);
                                                     1115.03(d)(1)-(10);
                                                     1115.03(e);
                                                     1115.04;
                                                     1104.03(b)(1).
Special Consolidated          79 FR 7518; February  203; 203.02;
 Checklist for the Hazardous   7, 2014, and 83 FR    203.03(c);
 Waste Electronic Manifest     420; January 3,       101.05(a)-(b);
 Rules (Checklists 231 and     2018.                 102.02(b)(2);
 239).                                               103.39; 103.40;
                                                     104.10; 102.01;
                                                     510.01(a);
                                                     510.04(d);
                                                     510.02(c)(1);
                                                     604.01(a); 606.01;
                                                     604.01(e);
                                                     703.01(a);
                                                     703.02(c).
------------------------------------------------------------------------


          Table 2--New Hampshire's More Stringent/Broader in Scope Analogs to the Federal Requirements
----------------------------------------------------------------------------------------------------------------
                                            Description of checklist
          Federal requirements                 number and federal              Analogous state authority
                                                  requirement
----------------------------------------------------------------------------------------------------------------
                                        70 FR 45508-45522; August 5, 2005
----------------------------------------------------------------------------------------------------------------
CL 209: Universal Waste Rule: Specific    273.9......................  1101.03(c) and (f)--NH requires a UW
 Provisions for Mercury Containing                                      handler who accumulates 20,000 kg or
 Equipment.                                                             more to be defined as a ``very large
                                                                        quantity handler'' and must meet the
                                                                        additional requirements in 1105. (MS)
                                          273.13(c)(2)(iii) & (iv)...  1111.03(b)(1)--NH requires containers to
                                                                        meet requirements of 507 instead of 40
                                                                        CFR pts. 260-272. MS provisions include
                                                                        labeling, storage on an impervious
                                                                        surface, secondary containment for
                                                                        wastes with free liquids if floor drains
                                                                        are present, requirements for outside
                                                                        storage, and more (e.g., labeling,
                                                                        inspections, personnel training,
                                                                        accumulation time limits) depending on
                                                                        generator category. In a future
                                                                        rulemaking, NH will clarify that
                                                                        containers must meet applicable
                                                                        requirements of Env-Hw 100-800 and 1200.
                                                                        (MS).
                                          273.13(c)(2)(vii)..........  1102.03(c).
                                                                       1111.03(b)(2)--NH requires containers to
                                                                        meet requirements of 40 CFR pt.
                                                                        273.13(c)(1) instead of (c)(2)(vii).
                                                                        (MS).
                                          273.32(b)(5)...............  1104.03(b)(2)--NH requires that a UW
                                                                        handler notify as a very large quantity
                                                                        handler if >=20,000 kg is accumulated
                                                                        and meet the requirements in 1105,
                                                                        including storage outside the 100-year
                                                                        floodplain, storage area inspections,
                                                                        contingency plans and emergency
                                                                        procedures, preparedness and prevention,
                                                                        security, closure, and financial
                                                                        assurance. (MS).

[[Page 55391]]

 
                                          273.33(c)(2)(iii) & (iv)...  1111.03(b)(1)--NH requires containers to
                                                                        meet requirements of 507 instead of 40
                                                                        CFR pts. 260-272. MS provisions include
                                                                        labeling, storage on an impervious
                                                                        surface, secondary containment for
                                                                        wastes with free liquids if floor drains
                                                                        are present, requirements for outside
                                                                        storage, and more (e.g., labeling,
                                                                        inspections, personnel training,
                                                                        accumulation time limits) depending on
                                                                        generator category. In a future
                                                                        rulemaking, NH will clarify that
                                                                        containers must meet applicable
                                                                        requirements of Env-Hw 100-800 and 1200.
                                                                        (MS).
                                          273.33(c)(2)(vii)..........  1102.03(c).
                                                                       1111.03(b)(2)--NH requires containers to
                                                                        meet requirements of 40 CFR 273.13(c)(1)
                                                                        instead of (c)(2)(vii). (MS).
----------------------------------------------------------------------------------------------------------------
                                        71 FR 16862-16915; April 4, 2006
----------------------------------------------------------------------------------------------------------------
CL 213: Burden Reduction Initiative.....  261.4(f)(9)................  401.03(b)(14)--NH's maximum quantity of
                                                                        non-acute HW is 250 kg. (MS).
                                          264.56(i)..................  706.02--NH requires cleanup of HW
                                                                        discharges within 24 hours or submittal
                                                                        of a cleanup plan if cleanup takes
                                                                        longer than 24 hours. NH also requires
                                                                        submittal of a cleanup report within 30
                                                                        days of completion. (MS)
                                          265.56(i)..................  706.02--NH requires cleanup of HW
                                                                        discharges within 24 hours or submittal
                                                                        of a cleanup plan if cleanup takes
                                                                        longer than 24 hours. NH also requires
                                                                        submittal of a cleanup report within 30
                                                                        days of completion. (MS).
                                          270.14(a)..................  304.11.
                                                                       202 (waivers).
                                                                       304.11(a)(4)--NH requires a NH registered
                                                                        PE to prepare and stamp plans. (MS).
----------------------------------------------------------------------------------------------------------------
                                        71 FR 40254-40280; July 14, 2006
----------------------------------------------------------------------------------------------------------------
CL 214: Corrections to Errors in the      260.22(a)(1) and             406--NH is not seeking authority for
 Code of Federal Regulations.              260.22(d)(1)(ii).            delisting of federally listed waste.
                                                                        (BIS).
                                          261.3(a)(2)(i).............  401.01(b)(3)--NH regulates as
                                                                        characteristic wastes mixtures of HW
                                                                        with materials that are not solid wastes
                                                                        (e.g., soils) if the mixture exhibits a
                                                                        characteristic. (Partially BIS)
                                                                       401.01(d)--EQ.
                                                                       401.01(e)--EQ.
                                          261.4(e)(2)(vi) and          401.03(b)(14)--NH's max quantity of non-
                                           261.4(e)(3)(i).              acute HW is 250 kg. (MS).
                                          261.31(a)/Table............  402.06(a) and (b)--NH has clarified the
                                                                        F006 and F019 listings by specifying the
                                                                        processes that are included in the
                                                                        listing based on EPA guidance. (EQ).
                                                                       402.06(c)--NH lists Used Oil as a generic
                                                                        process HW with the NH HW number
                                                                        ``NH01.'' (Partially BIS).
                                          261.32/Table ``K069'' entry  402.07(a)--NH has not adopted the
                                                                        administrative stay for the K069
                                                                        listing. (Partially BIS).
                                          265.56(b)..................  706.02--NH requires cleanup of HW
                                                                        discharges within 24 hours or submittal
                                                                        of a cleanup plan if cleanup takes
                                                                        longer than 24 hours. NH also requires
                                                                        submittal of a cleanup report within 30
                                                                        days of completion. ( MS).
                                          268.50(g)..................  1202.02(l)--NH did not adopt an analog to
                                                                        this provision. (MS).
                                          270.14(a)..................  304.11.
                                                                       202 (waivers)--NH requires a NH
                                                                        registered PE to prepare and stamp
                                                                        plans. (MIS).
                                          273.13(b) introductory       1102.03(b).
                                           paragraph.                  1110.04.
                                                                       1110.06--NH has additional requirements
                                                                        for pesticides: storage on impervious
                                                                        surfaces and away from floor drains and
                                                                        manholes unless secondary containment is
                                                                        provided; preparedness and prevention;
                                                                        security; additional training; and
                                                                        employee health and safety. (MS).
----------------------------------------------------------------------------------------------------------------
                      75 FR 12989-13009, 75 FR 31,716-31,717; March 18, 2010, June 4, 2010
----------------------------------------------------------------------------------------------------------------
CL 223: Hazardous Waste Technical         260.10.....................  104.16--NH rules and statutes regulate
 Corrections and Clarifications.                                        facilities in existence on July 1, 1980,
                                                                        instead of November 19, 1980. (BIS).
                                          262.42(c)..................  511.02(e)--EQ.
                                                                       511.02(c)--NH requires a generator whose
                                                                        shipment was rejected and returned on a
                                                                        paper manifest or on an electronic
                                                                        manifest that was printed for the
                                                                        generator's signature to submit the
                                                                        completed manifest within 5 days of
                                                                        receipt of the shipment. (MS).
                                          262.42(c)(2)...............  511.02(e)(2)--NH requires all generators
                                                                        to submit exception reports within 45
                                                                        days. (MS).
                                          263.12.....................  104.67.
                                                                       304.11.
                                                                       601.01(b)(2) & (3).
                                                                       701.01(a)--NH requires a transfer
                                                                        facility permit. NH has not yet adopted
                                                                        40 CFR pt. 267. (BIS).
                                          264.56(d)(2) introductory    706.02--NH requires cleanup of HW
                                           text.                        discharges within 24 hours or submittal
                                                                        of a cleanup plan if cleanup takes
                                                                        longer than 24 hours. NH also requires
                                                                        submittal of a cleanup report within 30
                                                                        days of completion. (MS).
----------------------------------------------------------------------------------------------------------------
    81 FR 85696; November 28, 2016, as amended August 29, 2017 (82 FR 41015) and August 6, 2018 (83 FR 38263)
----------------------------------------------------------------------------------------------------------------
CL 236: Imports and Exports of Hazardous  261.4(e)(1) and 261.4(e)(4)  401.03(b)(14)--NH's maximum quantity of
 Waste.                                                                 non-acute HW is 250 kg. (MS).

[[Page 55392]]

 
                                          266.70(b)..................  709.01(c), 804.02(e), and 808.01--(EQ).
                                                                       808.02(c)--NH generators are subject to
                                                                        certification requirements. (BIS).
                                                                       808.03(d)--NH's transporters are subject
                                                                        to registration requirements. (BIS).
----------------------------------------------------------------------------------------------------------------
                                         83 FR 61552; November 30, 2018
----------------------------------------------------------------------------------------------------------------
CL240: Safe Management of Recalled        262.14(a)(5)(xi)...........  503.01
 Airbags.                                                              508--NH has not adopted an exemption for
                                                                        generators of <100 kg/mo. (MS).
----------------------------------------------------------------------------------------------------------------
                                          84 FR 5816; February 22, 2019
----------------------------------------------------------------------------------------------------------------
CL 241: Management Standards for          261.4(a)(1)(ii)............  NH has not adopted this exclusion. (BIS)
 Hazardous Waste Pharmaceuticals and      262.14(a)(5)(ix)...........  511.01(g)(1)--(EQ)
 Amendment to the P075 Listing for                                     503.01,508--NH has not adopted an
 Nicotine.                                                              exemption for generators of <100 kg/mo.
                                                                        (MS).
                                          262.14(a)(5)(x)............  511.01(g)(2)--(EQ).
                                                                       503.01,508--NH has not adopted an
                                                                        exemption for generators of <100 kg/mo.
                                                                        (MS).
                                          266.501(a).................  501.01(e).
                                                                       1302.02(b)(1)--NH bases generator
                                                                        category on both HW generation and
                                                                        accumulation. (MS).
                                          266.501(b).................  501.02(j) & (k).
                                                                       1302.02(b)(1)--NH bases generator
                                                                        category on both HW generation and
                                                                        accumulation. (MS).
                                          266.502(a)(1)(i)-(ii)......  1302.02(c)(1)--NH requires notification
                                                                        within 60 days. (MS).
                                          266.502(a)(2)..............  1302.02(c)(1)--NH requires VSQGs to
                                                                        notify and provide waste numbers on
                                                                        notification forms. (MS).
                                          266.502(h).................  1302.02(c)(3)--NH requires healthcare
                                                                        facilities (HFs) to submit a manifest
                                                                        copy within 5 days if rejected shipment
                                                                        involves a paper manifest or an
                                                                        electronic manifest printed for HF's
                                                                        signature. (MS).
                                          266.502(i).................  1302.02(c)(4)--NH requires a quarterly
                                                                        report that includes data required by
                                                                        EPA's biennial report plus additional
                                                                        info. (MS)
                                                                       NH assesses fees on non-recycled HW
                                                                        shipped offsite. (BIS).
                                          266.502(j)(1)..............  1302.02(c)(5)--NH requires HFs who use a
                                                                        paper manifest to keep both the
                                                                        generator copy and facility copy unless
                                                                        using e-manifest system for
                                                                        recordkeeping. (MS).
                                                                       NH requires that for electronic manifests
                                                                        printed for HF's signature, HF must keep
                                                                        signed paper copy. For paper manifests,
                                                                        HF with e-manifest system access must
                                                                        keep signed paper copy until receipt by
                                                                        designated facility is verified in the
                                                                        system. (EQ).
                                          266.504(b)(2)..............  1302.02(e)(3)--NH requires the receiving
                                                                        FQG to provide the NHSQG's EPA ID#.
                                                                        (MS).
                                          266.504(d).................  1302.02(e)(6)--NH requires LTCFs with 20
                                                                        beds or fewer to determine Subpart P
                                                                        applicability by determining their
                                                                        generator category.(MS).
                                          266.508(a)(2)..............  1302.02(i)(1)--NH requires HFs and
                                                                        reverse distributors (RDs) who use a
                                                                        paper manifest or an electronic manifest
                                                                        printed for HF/RD's signature to submit
                                                                        copy to DES within five days. HF/RDs
                                                                        must keep both the generator copy and
                                                                        facility copy unless using e-manifest
                                                                        system for recordkeeping. (MS).
                                                                       NH requires for electronic manifests
                                                                        printed for HF/RD's signature, HF/RD
                                                                        must keep signed paper copy. For paper
                                                                        manifests, HF/RD with e-manifest system
                                                                        access must keep signed paper copy until
                                                                        receipt by designated facility is
                                                                        verified in the system. (EQ).
                                          266.510(c)(7)..............  1302.02(j)(5)--NH requires RD to submit
                                                                        manifest copy within five days if
                                                                        rejected shipment involves a paper
                                                                        manifest or an electronic manifest
                                                                        printed for RD's signature. (MS)
                                          266.510(c)(9)..............  1302.02(j)(7)--NH requires a quarterly
                                                                        report that includes data required by
                                                                        EPA's biennial report plus additional
                                                                        info. (MS).
                                                                       NH assesses fees on non-recycled HW
                                                                        shipped offsite. (BIS).
                                          266.510(c)(10)(ii).........  1302.02(j)(8)--NH requires RDs using a
                                                                        paper manifest to keep both the
                                                                        generator copy and facility copy unless
                                                                        using e-manifest system for
                                                                        recordkeeping. (MS).
                                                                       NH requires for electronic manifests
                                                                        printed for RD's signature, RD must keep
                                                                        signed paper copy. For paper manifests,
                                                                        RD with e-manifest system access must
                                                                        keep signed paper copy until receipt by
                                                                        designated facility is verified in the
                                                                        system. (EQ).
----------------------------------------------------------------------------------------------------------------
                                          84 FR 67202; December 9, 2019
----------------------------------------------------------------------------------------------------------------
CL 242: Universal Waste Regulations:      273.9 ``Large quantity       1101.03(c) and (f)--In NH a UW handler
 Addition of Aerosol Cans.                 handler of universal         who accumulates 20,000 kg or more is
                                           waste''.                     defined as a ``very large quantity
                                                                        handler'' and must meet the additional
                                                                        requirements in 1105. NH is applying for
                                                                        authorization for CL 209. (MS).
                                          273.13(c)(2)(iii)-(iv).....  1111.03(b)(1)--NH requires containers to
                                                                        meet requirements of 507 instead of 40
                                                                        CFR 260-272. MS provisions include
                                                                        labeling, storage on an impervious
                                                                        surface, secondary containment for
                                                                        wastes with free liquids if floor drains
                                                                        are present, requirements for outside
                                                                        storage, and more (e.g., labeling,
                                                                        inspections, personnel training,
                                                                        accumulation time limits) depending on
                                                                        generator category. In a future
                                                                        rulemaking, NH will clarify that
                                                                        containers must meet applicable
                                                                        requirements of Env-Hw 100-800 and 1200.
                                                                        (MS).

[[Page 55393]]

 
                                          273.33(c)(2)(iii)-(iv).....  1111.03(b)(1)--NH requires containers to
                                                                        meet requirements of 507 instead of 40
                                                                        CFR pts. 260-272. MS provisions include
                                                                        labeling, storage on an impervious
                                                                        surface, secondary containment for
                                                                        wastes with free liquids if floor drains
                                                                        are present, requirements for outside
                                                                        storage, and more (e.g., labeling,
                                                                        inspections, personnel training,
                                                                        accumulation time limits) depending on
                                                                        generator category. In a future
                                                                        rulemaking, NH will clarify that
                                                                        containers must meet applicable
                                                                        requirements of Env-Hw 100-800 and 1200.
                                                                        (MS).
----------------------------------------------------------------------------------------------------------------
                          79 FR 7518; February 7, 2014, and 83 FR 420; January 3, 2018
----------------------------------------------------------------------------------------------------------------
Special Consolidated Checklist for the    263.20(a) intro, (1)-(9)...  604.01(f)--NH requires transporters to
 Hazardous Waste Electronic Manifest                                    notify the generator if post-receipt
 Rules (Checklists 231 and 239).                                        manifest corrections are made to paper
                                                                        manifests or to electronic manifests
                                                                        that were printed for the generator's
                                                                        signature. (MS).
                                          264.71(l) intro, (1)-(5)...  703.02(d)--NH requires facilities to
                                                                        notify the generator if manifest
                                                                        corrections are made to paper manifests
                                                                        or to electronic manifests that were
                                                                        printed for the generator's signature.
                                                                        (MS).
                                          265.71(l) intro, (1)-(5)...  703.02(d)--NH requires facilities to
                                                                        notify the generator if manifest
                                                                        corrections are made to paper manifests
                                                                        or to electronic manifests that were
                                                                        printed for the generator's signature.
                                                                        (MS).
----------------------------------------------------------------------------------------------------------------

    EPA cannot delegate certain federal requirements associated with 
the federal manifest registry system, the electronic manifest system, 
and international shipments (i.e., import and export provisions). New 
Hampshire has adopted these requirements and appropriately preserved 
the EPA's authority to implement them (See Special Consolidated 
Checklist for the Hazardous Waste Electronic Manifest Rules: 
102.02(b)(2); 103.39-40; 104.10; 102.01; 510.01(a); 510.02(c); 
604.01(a); 203.03(c); 703.01(a), CL214 Corrections to Errors in the 
Code of Federal Regulations: 102.02(a); 102.02(b)(1); 1202.02(a)(1), 
CL238 Determinations for Hazardous Waste Export and Import Documents: 
401.03(b)(36), 510.06, 601.01(b)(5), 705.01(b)(1), 808.02(e), 
808.03(e), 808.04(a)(3), 809.03(c), 809.05, 1101.02(c), 1102.08(a), and 
1106.07(a), CL236 Imports and Exports of Hazardous Waste).
    There are several Federal rules that have been vacated, withdrawn, 
or superseded. As a result, authorization of these rules may be moot. 
However, for purposes of completeness, these rule checklists are 
included here with an explanation as to the rule's status in New 
Hampshire. These checklists include: CL 216: Exclusion of Oil-Bearing 
Secondary Materials Processed in a Gasification System to Produce 
Synthetic Gas (73 FR 57, January 2, 2008); CL 221: Expansion of RCRA 
Comparable Fuel Exclusion (73 FR 77954, December 19, 2008); CL 224: 
Withdrawal of the Emission Comparable Fuel Exclusion (75 FR 33712, June 
15, 2010); and CL 234: Vacatur of the Comparable Fuels Rule and the 
Gasification Rule (80 FR 18777, April 8, 2015)--CLs 216, 221, and 224 
have been vacated. CL 234 implements the vacatur of these provisions. 
New Hampshire did not adopt the exclusions contained in CLs 216, 221, 
or 224; therefore, the adoption of CL 234 in New Hampshire would be 
inconsequential. New Hampshire's authorized program continues to be 
equivalent to and no less stringent than the Federal program without 
having to make any conforming changes pursuant to these rule 
checklists.

I. Who handles permits after the authorization takes effect?

    When the final authorization takes effect, New Hampshire will issue 
permits for all the provisions for which it is authorized and will 
administer the permits it issues. EPA will continue to administer and 
enforce any RCRA and HSWA (Hazardous and Solid Waste Act) permits or 
portions of permits that it has issued in New Hampshire prior to the 
effective date of this authorization until the State incorporates the 
terms and conditions of the federal permits into the State RCRA 
permits. 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 this authorization. EPA will continue to implement, 
and issue permits for any HSWA requirements for which New Hampshire is 
not yet authorized. EPA has the authority to enforce state-issued 
permits after the State is authorized.

J. What is codification and will the EPA codify New Hampshire'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. EPA does this by adding those citations and references to 
the authorized State rules in 40 CFR part 272. EPA is not proposing to 
codify the authorization of New Hampshire's changes at this time. 
However, EPA reserves the ability to amend 40 CFR part 272, subpart UU 
for the authorization of New Hampshire's program 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. This action is not an 
Executive Order 14094 (88 FR 21879, April 11, 2023) regulatory action 
because actions such as the authorization of New Hampshire's revised 
hazardous waste program under RCRA are exempted under Executive Order 
12866. Accordingly, I certify that this action will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this action 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

[[Page 55394]]

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 taking 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 effects, 
this rule is not subject to Executive Order 12898.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of Sections 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as 
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: August 8, 2023.
David W. Cash,
Regional Administrator, U.S. EPA Region 1.
[FR Doc. 2023-17387 Filed 8-14-23; 8:45 am]
BILLING CODE 6560-50-P