Rule2021-19986
Arizona: Final Authorization of State Hazardous Waste Management Program Revisions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 28, 2021
Effective
November 29, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking direct final action on the authorization of Arizona's changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). These changes were outlined in an application to the EPA and correspond to certain Federal rules promulgated between July 1, 2007, and June 30, 2020. We have determined that these changes satisfy all requirements needed for final authorization.
Full Text
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<title>Federal Register, Volume 86 Issue 185 (Tuesday, September 28, 2021)</title>
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[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Rules and Regulations]
[Pages 53558-53562]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19986]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R09-RCRA-2021-0431; FRL-8828-02-R9]
Arizona: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action/decision/authorization.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action on the authorization of Arizona's changes to its hazardous
waste program under the Resource Conservation and Recovery Act (RCRA).
These changes were outlined in an application to the EPA and correspond
to certain Federal rules promulgated between July 1, 2007, and June 30,
2020. We have determined that these changes satisfy all requirements
needed for final authorization.
DATES: This authorization is effective on November 29, 2021 without
further notice, unless the EPA receives adverse comment by October 28,
2021. If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that the
authorization will not take effect.
ADDRESSES: All documents in the docket are listed in the
<a href="http://www.regulations.gov">www.regulations.gov</a> index. Publicly available docket materials are
available either electronically in <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard copy.
You may also view
[[Page 53559]]
Arizona's application by contacting the Arizona Department of
Environmental Quality Records Center at 602-771-4380, Monday through
Friday, 8:30 a.m. to 4:30 p.m.
Instructions: Submit your comments to EPA, identified by Docket ID
No. EPA-R09-RCRA-2021-0047, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
online instructions for submitting comments. Once submitted, comments
cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). The <a href="https://www.regulations.gov">https://www.regulations.gov</a> website is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
FOR FURTHER INFORMATION CONTACT: Sorcha Vaughan,
<a href="/cdn-cgi/l/email-protection#80d6e1f5e7e8e1eeaed3eff2e3e8e1c0e5f0e1aee7eff6"><span class="__cf_email__" data-cfemail="481e293d2f202926661b273a2b2029082d3829662f273e">[email protected]</span></a>, 415-947-4217.
SUPPLEMENTARY INFORMATION:
A. Why is the EPA using a direct final authorization?
The EPA is publishing this authorization without a prior proposal
because we view this as a noncontroversial action and anticipate no
adverse comment. This action is a routine program change. However, in
the ``Proposed Rules'' section of this Federal Register, we are
publishing a separate document that will serve as the proposed
rulemaking allowing the public an opportunity to comment. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this authorization, see the ADDRESSES
section of this document.
If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final authorization will not take effect. We will address all
public comments in a subsequent final authorization and base any
further decision on the authorization of the state program changes
after considering all comments received during the comment period.
B. Why are revisions to state programs necessary?
States that have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
states must change their programs and ask the EPA to authorize the
changes. Changes to state programs may be necessary when Federal or
state statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states
at the same time they take effect in unauthorized states. Thus, the EPA
will implement those requirements and prohibitions in Arizona,
including the issuance of new permits implementing those requirements,
until the State is granted authorization to do so.
C. What decisions has the EPA made in this authorization?
Arizona submitted a complete program revision application dated
June 7, 2021, seeking authorization of changes to its hazardous waste
program corresponding to certain Federal rules promulgated between July
1, 2007 and June 30, 2020. The EPA concludes that Arizona's application
to revise its authorized program meets all of the statutory and
regulatory requirements established under RCRA, as set forth in RCRA
section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, the
EPA proposes to grant Arizona final authorization to operate its
hazardous waste program with the changes described in the authorization
application, and as outlined below in section F of this document.
Arizona has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian country) and
for carrying out the aspects of the RCRA program described in its
program revision application, subject to the limitations of HSWA, as
discussed above.
D. What is the effect of this authorization decision?
The effect of this decision is that the changes described in
Arizona's authorization application will become part of the authorized
State hazardous waste program and will therefore be federally
enforceable. Arizona will continue to have primary enforcement
authority and responsibility for its State hazardous waste program. The
EPA will maintain its authorities under RCRA sections 3007, 3008, 3013,
and 7003, including its authority to: Conduct inspections, and require
monitoring, tests, analyses, and reports; enforce RCRA requirements,
including authorized State program requirements, and suspend or revoke
permits; and take enforcement actions regardless of whether the State
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which the EPA is
authorizing Arizona are already effective under State law and are not
changed by this action.
E. What has Arizona previously been authorized for?
Arizona initially received final authorization on November 20,
1985, to implement its base hazardous waste management program. Arizona
received authorization for revisions to its program on August 6, 1991
(56 FR 37290 effective October 7, 1991), July 13, 1992 (57 FR 30905
effective September 11, 1992), November 23, 1992 (57 FR 54932 effective
January 22, 1993), October 27, 1993 (58 FR 57745 effective December 27,
1993), July 18, 1995 (60 FR 36731 effective June 12, 1995), March 7,
1997 (62 FR 10464 effective May 6, 1997), October 28, 1998 (63 FR
57605-57608 effective December 28, 1998), March 17, 2004 (69 FR 12544
effective March 17, 2004, originally published on October 27, 2000 (65
FR 64369)), and December 20, 2017 (82 FR 60550 effective January 20,
2018).
[[Page 53560]]
F. What changes is the EPA authorizing with this action?
Arizona submitted a final complete program revision application to
EPA dated June 7, 2021, seeking authorization of changes to its
hazardous waste program that correspond to certain Federal rules
promulgated between July 1, 2007 and June 30, 2020 (Checklists 217-220,
222, 223, 225-242). EPA proposes to determine, subject to receipt of
written comments that oppose this action, that Arizona's hazardous
waste program revisions are equivalent to, consistent with, and no less
stringent than the Federal program, and therefore satisfy all the
requirements necessary to qualify for authorization. Arizona adopts by
reference the Federal RCRA regulations in effect as of June 30, 2020,
at Arizona Administrative Code Title 18, Chapter 8, Article 2 (A.A.C
R18-8-260 through 280, effective as of December 31, 2020).
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Arizona Administrative Arizona Administrative Code
Description of Federal requirement Federal Register Register (A.A.R) and (A.A.C) implementing rule
and checklist No. volume, page and date effective date sections
----------------------------------------------------------------------------------------------------------------
NESHAP: Final Standards for 73 FR 18970 (4/8/2008) 21 A.A.R 1246 (9/05/ R18-8-264 (A), R18-8-266
Hazardous Waste Combustors (Phase 2015). (A).
I Final Replacement Standards and
Phase II) Amendments (217).
F019 Exemption for Wastewater 73 FR 31756 (6/04/ 21 A.A.R 1246 (9/05/ R18-8-261 (A).
Treatment Sludges from Auto 2008). 2015).
Manufacturing Zinc Phosphating
Processes.
Revisions to DSW Rule (219)........ 73 FR 64668-64788 (10/ 26 A.A.R 2949 (11/03/ R18-8-260 (C), R18-8-261
30/2008). 2020). (A), R18-8-270 (A).
Academic Laboratories Generator 73 FR 72912 (12/01/ 21 A.A.R 1246 (9/05/ R18-8-262 (A).
Standards (220). 2008). 2015).
OECD Requirements; Export Shipments 75 FR 1236-1262 (1/8/ 21 A.A.R 1246 (9/05/ R 18-8-262 (A), R18-8-263
of Spent Lead-Acid Batteries (222). 2010). 2015). (A), R18-8-264 (A), R18-8-
264 (A), R18-8-266 (A).
Technical Corrections/ 75 FR 12989-13009 (3/ 21 A.A.R 1246 (9/05/ R18-8-260 (C), R18-8-262
Clarifications (223). 18/2010), 75 FR 31716- 2015). (A), R18-8-262 (A), R18-8-
31717 (6/4/2010). 263(A), R18-8-264 (A), R18-
8-265 (A), R18-8-266 (A),
R18-8-268, R18-8-270 (A).
Removal of Saccharin and its Salts 75 FR 78918-78926 (12/ 21 A.A.R 1246 (9/05/ R18-8-261(A), R18-8-268.
from the list of HW (225). 17/2010). 2015).
Academic Laboratories Generator 75 FR 79304 (12/20/ 21 A.A.R 1246 (9/05/ R18-8-261 (A), R18-8-262
Standards Technical Corrections 2010). 2015). (A).
(226).
Revisions to Treatment Standards of 76 FR 34147-34157 (6/ 21 A.A.R 1246 (9/05/ R18-8-268.
Carbamate Wastes (227). 13/2011). 2015).
Technical Correction/Clarification 77 FR 22229-22232 (4/ 21 A.A.R 1246 (9/05/ R18-8-261 (A), R18-8-266
(228). 13/2012). 2015). (A).
Conditional Exclusions for Solvent 78 FR 46448-46485 (7/ 21 A.A.R 1246 (9/05/ R18-8-260 (A), R18-8-261
Contaminated Wipes (229). 31/2013). 2015). (A).
Conditional Exclusion for Carbon 79 FR 350 (1/03/2014). 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-261
Dioxide (CO2) Streams in Geologic 2019). (A).
Sequestration Activities (230).
Hazardous Waste Electronic Manifest 79 FR 7518-7563 (2/7/ 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-262
System (231). 2014). 2019). (A), R18-8-263 (A), R18-8-
264 (A), R18-8-265 (A).
Revisions to Export Provisions of 79 FR 36220-36231 (6/ 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-261
the Cathode Ray Tube (CRT) Rule 26/2014). 2019). (A).
(232).
Revision to DSW Rule-Non-waste 80 FR 1694-1814 (1/13/ 26 A.A.R 2949 (11/03/ R18-8-260 (C), R18-8-261
determinations and variances (233). 2015). 2020). (A), R18-8-270 (A).
Vacatur of Comparable Fuels and 80 FR 18777-18780 (4/8/ 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-261
Gasification (234). 2015). 2019). (A).
Disposal of Coal Combustion 80 FR 21302 (4/17/ 25 A.A.R 435 (2/05/ R18-8-261 (A).
Residuals from Electric Utilities 2015). 2019).
(235).
Imports and Exports of Hazardous 81 FR 85696-85729 (11/ 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-261
Waste (236). 28/2016), 82 FR 41015- 2019). (A), R18-8-262 (A), R18-8-
41016 (8/29/2017). 263 (A), R18-8-264 (A),
R18-8-265 (A), R18-8-266
(A), R18-8-273
Generator Improvements Rule (237).. 81 FR 85732-85829 (11/ 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-265
28/2016). 2019). (A), R18-8-268, R18-8-
270(A), R18-8-273.
Confidentiality Determinations for 82 FR 60894-60901 (12/ 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-261
Hazardous Waste Export and Import 26/2017). 2019). (A), R18-8-262 (A).
Documents (238).
Hazardous Waste Electronic Manifest 83 FR 420-462 (1/3/ 25 A.A.R 435 (2/05/ R18-8-260 (C), R18-8-262
System User Fee (239). 2018). 2019). (A), R18-8-263 (A), R18-8-
264 (A), R18-8-265 (A).
Safe Management of Recalled Airbags 83 FR 61552 (11/30/ 26 A.A.R 2949 (11/03/ R18-8-260 (C), R18-8-261
(240). 2018). 2020). (A), R18-8-262 (A).
Management Standards for Hazardous 84 FR 5816 (2/22/2019) 26 A.A.R 2949 (11/03/ R18-8-260 (C), R18-8-
Waste Pharmaceuticals and 2020). 261(A), R18-8-262 (A), R18-
Amendment to the P075 Listing for 8-263 (A), R18-8-264 (A),
Nicotine (241). R18-8-265 (A), R18-8-
266(A), R18-8-286, R18-8-
270 (A), R18-8-273.
Universal Waste Regulations: 84 FR 67202 (12/09/ 26 A.A.R 2949 (11/03/ R18-8-260 (C), R18-8-261
Addition of Aerosol Cans (242). 2019). 2020). (A), R18-8-264 (A), R18-8-
265 (A), R18-8-268, R18-8-
270 (A), R18-8-273.
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[[Page 53561]]
G. Where are the revised state rules different than the Federal rules?
More Stringent: When revised state rules differ from the Federal
rules in the RCRA state authorization process, the EPA determines
whether the state rules are equivalent to, more stringent than, or
broader in scope than the Federal program. Pursuant to RCRA section
3009, 42 U.S.C. 6929, state programs may contain requirements that are
more stringent than the Federal regulations. Such more stringent
requirements can be federally authorized and, once authorized, become
federally enforceable. Although the statute does not prevent states
from adopting regulations that are broader in scope than the Federal
program, states cannot receive Federal authorization for such
regulations, and they are not federally enforceable.
Since 1984, Arizona's hazardous waste rules have contained several
procedural requirements that are more stringent than EPA's. These more
stringent procedural requirements are authorized by Arizona Revised
Statutes (ARS) section 49-922, which in directing Arizona to adopt
hazardous waste rules, prohibits only nonprocedural standards that are
more stringent than EPA's. There are no State requirements in the
program revisions listed in the table above that are considered to be
more stringent or broader in scope than the Federal requirements.
Removed Rules: On March 1, 2019, Arizona updated its hazardous
waste program rules and removed the following procedural requirements
that were more stringent than the EPA's Rules:
<bullet> Annual Reports: Arizona eliminated the requirement that
Large Quantity Generators, Transfer, Storage and Disposal (TSD)
Facilities, and Recyclers submit annual reports [previously in AAC R18-
8-260(E)(3); R18-8-262(H), R18-8-264(I) and R18-8-265(I), ACC R18-8-
261(J)].
<bullet> Hazardous Waste Manifest: Arizona no longer requires
hazardous waste generators, transporters and TSD Facilities to provide
a copy of all hazardous waste manifests to Arizona's Department of
Environmental Quality monthly [previously in AAC R18-8-262(I) and (J);
R18-8-263(C), R18-8-264(J) and R18-8-265(J)].
Nondelegable Rules: The EPA cannot authorize states to implement
certain Federal requirements associated with the Revisions to the
Export Provisions of the Cathode Ray Tube (CRT) Rule (Checklist 232),
Confidentiality Determinations for Hazardous Waste Export and Import
Documents Rule (Checklist 238), and the Hazardous Waste Electronic
Manifest User Fee Rule (Checklist 239). Arizona has adopted these
requirements and appropriately preserved the EPA's authority to
implement them.
Other than the differences discussed above, Arizona incorporates by
reference the remaining Federal rules listed in section F, so there are
no significant differences between the remaining Federal rules and the
revised State rules being authorized in this action.
H. Who handles permits after the authorization takes effect?
When final authorization takes effect, Arizona will issue permits
for all the provisions for which it is authorized and will administer
the permits it issues. The EPA will continue to administer any RCRA
hazardous waste permits or portions of permits that the EPA issued
prior to the effective date of authorization until they expire or are
terminated. The EPA will not issue any new permits or new portions of
permits for the provisions listed in the table above after the
effective date of the final authorization. The EPA will continue to
implement HSWA requirements for which Arizona is not yet authorized.
The EPA has the authority to enforce state-issued permits after the
state is authorized.
I. How does this action affect Indian country (18 U.S.C. 1151) in
Arizona?
Arizona is not authorized to carry out the hazardous waste program
in Indian country. Therefore, this action has no effect on Indian
country. EPA retains jurisdiction over Indian country and will continue
to implement and administer the RCRA program on these lands.
J. What is codification and is the EPA codifying Arizona's hazardous
waste program as authorized in this authorization?
Codification is the process of placing citations and references to
the state's statutes and regulations that comprise the state's
authorized hazardous waste program into the Code of Federal
Regulations. The EPA does this by adding those citations and references
to the authorized state rules in 40 CFR part 272. The EPA is not
codifying the authorization of Arizona's revisions at this time.
However, the EPA reserves the ability to amend 40 CFR part 272, subpart
L, for the authorization of Arizona's program changes at a later date.
K. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action authorizes
state requirements for the purpose of RCRA section 3006 and imposes no
additional requirements beyond those imposed by state law. Therefore,
this action is not subject to review by OMB. I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this action authorizes pre-existing requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same
reason, this action also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes state requirements as part of a state RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997) because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This
action is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA section 3006(b), the EPA grants a state's application
for authorization as long as the state meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for the EPA,
when it reviews a state authorization application, to require the use
of any particular voluntary consensus standard in place of another
standard that otherwise satisfies the
[[Page 53562]]
requirements of RCRA. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272) do not apply. As required by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996), in issuing this authorization, the EPA
has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct. The EPA has complied with Executive
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of this action in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order. This action
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
``Burden'' is defined at 5 CFR 1320.3(b). Executive Order 12898 (59 FR
7629, February 16, 1994), as amended by Executive Order 14008 (86 FR
7619, February 1, 2021), establishes Federal executive policy on
environmental justice. Its main provision directs Federal agencies, to
the greatest extent practicable and permitted by law, to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. Because this action authorizes pre-existing state rules
which are at least equivalent to, and no less stringent than existing
Federal requirements, and imposes no additional requirements beyond
those imposed by state law, and there are no anticipated significant
adverse human health or environmental effects, this authorization is
not subject to Executive Order 12898.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
Dated: September 1, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-19986 Filed 9-27-21; 8:45 am]
BILLING CODE 6560-50-P
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