[Federal Register Volume 90, Number 99 (Friday, May 23, 2025)]
[Rules and Regulations]
[Pages 22013-22016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09304]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2024-0289; FRL-12213-02-R4]
Mississippi: 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 changes to Mississippi's hazardous
waste program under the Resource Conservation and Recovery Act (RCRA),
as amended. These changes were outlined in an April 2, 2024 application
to the EPA. We have determined that these changes satisfy all
requirements needed for final authorization.
DATES: This authorization is effective on July 22, 2025 without further
notice unless the EPA receives adverse comment by June 23, 2025. If the
EPA receives adverse comment, we will either publish a timely
withdrawal of this direct final action in the Federal Register
informing the public that the authorization will not take effect, or we
will publish a notification containing a response to comments that
either reverses the decision or affirms that the final action will take
effect. In the event that the final action is withdrawn, we would
address all public comments and make a final decision on authorization
in a subsequent final action.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2024-0289, 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 Jennifer Vogel through the
provided contacts in the FOR FURTHER INFORMATION CONTACT section.
Please also contact Jennifer Vogel 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: Jennifer Vogel; 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-
8462; 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 adverse comments, we will either withdraw this
action by publishing a document in the Federal Register before the
action becomes effective, or we will publish a notification containing
a response to comments that either reverses the decision or affirms
that the final action will take effect. In the event that the final
action is withdrawn, the EPA would base any further decision on the
authorization of the State's program changes on the proposal mentioned
in the previous paragraph and after consideration of all comments
received during the comment period. We would address all public
comments and make a final decision on authorization in a subsequent
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
[[Page 22014]]
change their programs because of changes to the EPA's regulations in
Title 40 of the 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
shall have the authority to implement those requirements and
prohibitions in Mississippi, 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?
Mississippi submitted a complete program revision application
(PRA), dated April 2, 2024, seeking authorization of changes to its
hazardous waste program corresponding to certain Federal rules
promulgated between July 1, 2014 and June 30, 2021 (including RCRA
Cluster \1\ XXIV (Checklists \2\ 233 (A, B, C, D2, E) and 234), RCRA
Cluster XXV (Checklists 236 and 237), RCRA Cluster XXVI (Checklists 238
and 239), RCRA Cluster XXVII (Checklists 240 and 241), RCRA Cluster
XXVIII (Checklist 242), and RCRA Cluster XXIX (Checklist 243). The EPA
concludes that Mississippi'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 Mississippi
final authorization to operate its hazardous waste program with the
changes described in the PRA, 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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Mississippi 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 PRA, 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
Mississippi's PRA as outlined below and in section VI of this document
will become part of the authorized State hazardous waste program and
will therefore be federally enforceable. Mississippi will continue to
have primary enforcement authority and responsibility for its State
hazardous waste program. The EPA will maintain its authorities under
RCRA sections 3007, 3008, 3013, and 7003, including its authority to:
Conduct inspections, and require monitoring, tests,
analyses, and reports;
Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
Take enforcement actions regardless of whether the State
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which the EPA is
authorizing Mississippi are already effective under State law and are
not changed by this action.
V. What has Mississippi previously been authorized for?
Mississippi initially received final authorization on June 13,
1984, effective June 27, 1984 (49 FR 24377), to implement the RCRA
hazardous waste management program. The EPA granted authorization for
changes to Mississippi's program on August 17, 1988, effective October
17, 1988 (53 FR 31000); August 10, 1990, effective October 9, 1990 (55
FR 32624); March 29, 1991, effective May 28, 1991 (56 FR 13079); June
26, 1991, effective August 27, 1991 (56 FR 29589); May 11, 1992,
effective July 10, 1992 (57 FR 20056); April 8, 1993, effective June 7,
1993 (58 FR 18162); October 20, 1993, effective December 20, 1993 (58
FR 54044); March 18, 1994, effective May 17, 1994 (59 FR 12857); June
1, 1995, effective July 31, 1995 (60 FR 28539); August 30, 1995,
effective October 30, 1995 (60 FR 5718); February 23, 2005, effective
April 25, 2005 (70 FR 8731); August 4, 2008, effective October 3, 2008
(73 FR 45170); and April 3, 2019, effective April 3, 2019 (84 FR
12936).
VI. What changes is the EPA authorizing with this action?
Mississippi submitted a complete PRA, dated April 2, 2024, seeking
authorization of changes to its hazardous waste management program in
accordance with 40 CFR 271.21. This application included changes
associated with Checklists 233, 234, and 236 through 243 from RCRA
Clusters XXIV through XXIX. The EPA has determined, subject to receipt
of written comments that oppose this action, that Mississippi'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 Mississippi for the
following program changes:
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Analogous state authority
Description of Federal requirement Federal Register date and page \1\
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Checklist 219 (2008) \2\, Revisions to 73 FR 64668 10/20/2008, 80 FR 1694 1/13/ R. 1.1, 1.2, and 1.16.
the Definition of Solid Waste (DSW), as 2015, 83 FR 24664 5/30/2018.
amended by Checklist 233 (2015 and
2018). Checklist 233A, Changes affecting
all non-waste determinations and
variances. Checklists 233B, Legitimacy-
related provisions, including
prohibition of sham recycling,
definition of legitimacy, definition of
contained. Checklist 233C, Speculative
Accumulation. Checklist 233D2, 2008 DSW
exclusions and non-waste determinations,
including revisions from 2015 DSW final
rule and 2018 DSW final rule. Checklist
233E, Remanufacturing exclusion.
Checklist 234, Response to Vacaturs of 80 FR 18777 4/8/2015.................... R. 1.1 and 1.2.
the Comparable Fuels Rule and the
Gasification Rule.
Checklist 236, Imports and Exports of 81 FR 85696 11/28/2016, 82 FR 41015 8/29/ R. 1.1, 1.2, 1.3, 1.5, 1.7,
Hazardous Waste. 2017, 83 FR 38263 8/6/2018. 1.11, 1.13, 1.14, and
1.21.
Checklist 237, Hazardous Waste Generator 81 FR 85732 11/28/2016.................. R. 1.1, 1.2, 1.3, 1.4, 1.5,
Improvements Rule. 1.6, 1.7, 1.8, 1.11, 1.12,
1.13, 1.14, 1.15, 1.16,
1.21, and 1.22.
Checklist 238, Confidentiality 82 FR 60894 12/26/2017.................. R. 1.1 and 1.3.
Determinations for Hazardous Waste
Export and Import Documents.
Checklist 239, Hazardous Waste Electronic 83 FR 420 1/3/2018...................... R. 1.1, 1.3, 1.5, 1.7, and
Manifest System User Fee. 1.11.
[[Page 22015]]
Checklist 240, Safe Management of 83 FR 61552 11/30/2018.................. R. 1.1, 1.2, and 1.3
Recalled Airbags.
Checklist 241, Management Standards for 84 FR 5816 2/22/2019.................... R. 1.2, 1.3, 1.7, 1.11,
Hazardous Waste Pharmaceuticals and 1.13, 1.15, 1.17, and
Amendment to the P075 Listing for 1.21.
Nicotine.
Checklist 242, Universal Waste 84 FR 67202 12/9/2019................... R. 1.1, 1.2, 1.7, 1.11,
Regulations: Addition of Aerosol Cans. 1.15, 1.16, and 1.21
Checklist 243, Modernizing Ignitable 85 FR 40594 7/7/2020.................... R. 1.1 and 1.2.
Liquids Determinations.
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Notes
\1\ The Mississippi regulatory provisions are from the Mississippi Hazardous Waste Regulations, Title 11, Part
3, Chapter 1, last amended on May 26, 2022.
\2\ Mississippi has adopted the 2008 Federal Revisions to the Definition of Solid Waste Rule, as amended on
January 13, 2015, and May 30, 2018.
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 broader in scope
than the Federal requirements. The EPA has determined that certain
regulations included in Mississippi's program revisions listed in the
table above are more stringent than the Federal program. These more
stringent requirements will become part of the federally enforceable
RCRA program in Mississippi when authorized.
Mississippi's program at 11 Miss. Admin. Code Pt. 3, Ch. 1, R.1.3,
1.4, 1.6, 1.8, and 1.12, is more stringent than the Federal Program at
40 CFR 262.18(d), 262.41(a), 264.75, and 265.75. The Mississippi
provisions require annual reporting where the Federal provisions
require biennial or quadrennial reporting or notification.
There are certain regulatory provisions for which the States cannot
be authorized to administer or implement. These provisions include the
requirements associated with the operation of the national E-Manifest
system and its user fee provisions contained in the Hazardous Waste
Electronic Manifest User Fee Rule (Checklist 239). Although Mississippi
has adopted these regulations to maintain its equivalency with the
Federal program, it has appropriately maintained the Federal
references. See 11 Miss. Admin. Code Pt. 3, Ch. 1, R. 1.1, 1.3, 1.5,
1.7, and 1.11.
Because of the Federal Government's special role in matters of
foreign policy, the EPA does not authorize States to administer the
Federal import/export functions associated with the Revisions to the
Definition of Solid Waste (Checklist 233D2), Imports and Exports of
Hazardous Waste Rule (Checklist 236), and the Confidentiality
Determinations for Hazardous Waste Export and Import Documents Rule
(Checklist 238). Although Mississippi has adopted these regulations to
maintain its equivalency with the Federal program, it has appropriately
maintained the Federal references. See 11 Miss. Admin. Code Pt. 3, Ch.
1, R.1.1, 1.2, 1.3, 1.5, 1.7, 1.11, 1.13, 1.21.
VIII. Who handles permits after the authorization takes effect?
When final authorization takes effect, Mississippi 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 Mississippi
is not yet authorized. The EPA has the authority to enforce state-
issued permits after the State is authorized.
IX. How does today's action affect Indian country in Mississippi?
Mississippi is not authorized to carry out its hazardous waste
program in Indian country within the State, which includes the
Mississippi Band of Choctaw Indians. 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 Mississippi'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 Mississippi's revisions at this time.
However, the EPA reserves the ability to amend 40 CFR part 272, subpart
Z, for the authorization of Mississippi's program changes at a later
date.
XI. Statutory and Executive Order Reviews
This action is not a significant regulatory action subject to
review by the Office of Management and Budget (OMB) under Executive
Orders 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 subject to Executive Order
14192 (90 FR 9065, February 6, 2025) because actions such as the
authorization of Mississippi's revised hazardous waste program under
RCRA are exempt from review 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 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
[[Page 22016]]
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action will not have substantial direct effects on the states, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely authorizes State requirements as
part of the State RCRA hazardous waste program without altering the
relationship or the distribution of power and responsibilities
established by RCRA. This action also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997), because it is not economically
significant and it does not make decisions based on environmental
health or safety risks. This action is not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001),
because it is not a significant regulatory action under Executive Order
12866.
Under RCRA section 3006(b), the EPA grants a state's application
for authorization as long as the state meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for the EPA,
when it reviews a state authorization application, to require the use
of any particular voluntary consensus standard in place of another
standard that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988), by
examining the takings implications of this action in accordance with
the ``Attorney General's Supplemental Guidelines for the Evaluation of
Risk and Avoidance of Unanticipated Takings'' issued under the
executive order. This action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).
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 22, 2025.
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: May 7, 2025.
Kevin J. McOmber,
Regional Administrator.
[FR Doc. 2025-09304 Filed 5-22-25; 8:45 am]
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