Rule2022-14512
Tennessee: 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
July 13, 2022
Effective
September 12, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking direct final action on the authorization of Tennessee'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 January 1, 1983, and June 30, 2021. We have determined that these changes satisfy all requirements needed for final authorization.
Full Text
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<title>Federal Register, Volume 87 Issue 133 (Wednesday, July 13, 2022)</title>
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[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Rules and Regulations]
[Pages 41610-41618]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14512]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2022-0395; FRL-9794-02-R4]
Tennessee: 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 Tennessee'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 January 1,
1983, and June 30, 2021. We have determined that these changes satisfy
all requirements needed for final authorization.
DATES: This authorization is effective on September 12, 2022 without
further notice, unless the EPA receives adverse comment by August 12,
2022. If the EPA receives such comment, it will publish a timely
withdrawal of this direct final action 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-R04-
RCRA-2022-0395, 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://www.regulations.gov">www.regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
The EPA encourages electronic submittals, but if you are unable to
submit electronically or need other assistance, please contact Robin
Billings, the contact listed in the FOR FURTHER INFORMATION CONTACT
section. Please also contact Robin Billings if you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you.
All documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a>
index. Publicly available docket materials are available electronically
in <a href="http://www.regulations.gov">www.regulations.gov</a>. For alternative access to docket materials,
please contact Robin Billings, the contact listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Robin Billings; 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-
8515; fax number: (404) 562-9964; email address:
<a href="/cdn-cgi/l/email-protection#16747f7a7a7f787165386479747f785673667738717960"><span class="__cf_email__" data-cfemail="f99b90959590979e8ad78b969b9097b99c8998d79e968f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Why is the EPA using a direct final action?
The EPA is publishing this rule without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse
[[Page 41611]]
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 rule, see the ADDRESSES section of this document.
If the EPA receives comments that oppose this authorization, we
will withdraw this 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 the state program changes on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later rule.
II. Why are revisions to state programs necessary?
States that have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
states must change their programs and ask the EPA to authorize the
changes. Changes to state programs may be necessary when Federal or
state statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states
at the same time they take effect in unauthorized states. Thus, the EPA
will implement those requirements and prohibitions in Tennessee,
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 rule?
Tennessee submitted a complete program revision application, dated
September 24, 2021, seeking authorization of changes to its hazardous
waste program corresponding to certain Federal rules promulgated
between January 1, 1983, and June 30, 2021 (including Recent
Requirements (1-8) Cluster \1\ (Checklist \2\ 2 only), HSWA Cluster I
(Checklists SR1 and SI only), HSWA Cluster II (Checklist 44C \3\ only),
Non-HSWA Cluster V (Checklist 61 only), RCRA Clusters III (Checklists
117A and 117B \4\ only), VIII (Checklist 167F only), XVI (Checklist 212
only), XVII (Checklist 214 only), XIX (Checklists 219, 220, and 221
\5\), XX (Checklists 222, 223, and 224 \6\), and XXI through XXIX). The
EPA concludes that Tennessee'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 Tennessee final
authorization to operate its hazardous waste program with the changes
described in the authorization application, and as outlined below in
Section VI of this document.
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\1\ A ``cluster'' is a grouping of hazardous waste rules that
the EPA promulgates from July 1st of one year to June 30th of the
following year.
\2\ A ``checklist'' is developed by the EPA for each Federal
rule amending the RCRA regulations. The checklists document the
changes made by each Federal rule and are presented and numbered in
chronological order by date of promulgation.
\3\ Checklist 44C was submitted for authorization in the
September 2021 application, but Tennessee will need to make a
regulatory change to remove its analog to 40 CFR 265.1(c)(2).
Therefore, Checklist 44C is not being authorized at this time.
\4\ Checklist 117B was submitted for authorization in the
September 2021 application, but Tennessee was already authorized for
Checklist 117B in May 1995.
\5\ Checklist 221 was submitted for authorization in the
September 2021 application, but this Checklist was vacated and is
not being authorized.
\6\ Checklist 224 was submitted for authorization in the
September 2021 application, but this Checklist was vacated and is
not being authorized.
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Tennessee 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 program revision application,
subject to the limitations of HSWA, as discussed above.
IV. What is the effect of this authorization decision?
The effect of this decision is that the changes described in
Tennessee's authorization application will become part of the
authorized State hazardous waste program and will therefore be
federally enforceable. Tennessee 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:
<bullet> Conduct inspections, and require monitoring, tests,
analyses, and reports;
<bullet> Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
<bullet> 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 Tennessee are already effective under State law and are not
changed by this action.
V. What has Tennessee previously been authorized for?
Tennessee initially received final authorization on January 22,
1985, effective February 5, 1985 (50 FR 2820), to implement the RCRA
hazardous waste management program. The EPA granted authorization for
changes to Tennessee 's program on the following dates: June 12, 1987,
effective August 11, 1987 (52 FR 22443); June 1, 1992, effective July
31, 1992 (57 FR 23063); May 8, 1995, effective July 7, 1995 (60 FR
22524); August 24, 1995, effective October 23, 1995 (60 FR 43979); May
23, 1996, effective July 22, 1996 (61 FR 25796); January 30, 1998,
effective March 31, 1998 (63 FR 4587); September 15, 1999, effective
November 15, 1999 (64 FR 49998); October 26, 2000, effective December
26, 2000 (65 FR 64161); December 26, 2001, effective February 25, 2002
(66 FR 66342); April 11, 2003, effective June 10, 2003 (68 FR 17748);
March 14, 2005, effective May 13, 2005 (70 FR 12416); May 11, 2006,
effective July 10, 2006 (71 FR 27405); October 5, 2012, effective
December 4, 2012 (77 FR 60919); and March 20, 2015, effective May 19,
2015 (80 FR 14847).
VI. What changes is the EPA authorizing with this action?
Tennessee submitted a complete program revision application, dated
September 24, 2021, seeking authorization of changes to its hazardous
waste management program in accordance with 40 CFR 271.21. This
application included changes associated with Checklists SI, SR1, 2, 61,
117A, 167F, 212, 214, 219, 220, 222, 223, 225 through 240, 242, and
243. The EPA has determined, subject to receipt of written comments
that oppose this action, that Tennessee'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
[[Page 41612]]
qualify for final authorization.\7\ Therefore, the EPA grants final
authorization to Tennessee for the following program changes:
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\7\ The EPA has determined that certain provisions are more
stringent or broader in scope than the Federal program. See
discussion in Section VII of this document.
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Description of Federal Federal Register Analogous State
requirement date and page Authority \1\
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Checklist SR1,\2\ Existing and 49 FR 44633, 11/8/ 0400-12-01-.05(11)(b)
newly regulated surface 84. .
impoundments.
Checklist SI,\3\ Sharing of 50 FR 28702, 7/15/ Tennessee Code
Information with the Agency 85. Annotated (TCA) 68-
for Toxic Substances and 212-102(2) and TCA
Disease Registry. 68-212-107(d).
Checklist 2, Permit Rules-- 48 FR 39611, 9/1/ 0400-12-01-.07(2)(a)7
Settlement Agreement. 83. (i) and (iii), and
(2)(a)10(i); 0400-12-
01-.07(8)(a)4.
Checklist 61, Changes to 54 FR 9596, 3/7/ 0400-12-01-.07(7)(i)1
Interim Status Facilities for 89. -2; 0400-12-01-
Hazardous Waste Management; .07(7)(k); 0400-12-
Modifications of Hazardous 01-.07(1)(b)2; 0400-
Waste Management Permits; 12-01-.07(2)(a)3;
Procedures for Post-Closure 0400-12-01-.07(6);
Permitting. 0400-12-01-.07(10),
Appendix I (f)1(i)-
(iii), (f)3, (f)4(i)-
(ii), (g)1(i)-(ii)
and (v), (g)5(i)-
(iv), (h)5(iii)-
(iv), and (j)6(iii)-
(iv); 0400-12-01-
.07(3)(c)1(i)-(v),
(3)(c)2(i)-(vi), and
(3)(d)5-7.
Checklist 117A,\4\ Reissuance 57 FR 7628, 3/3/ 0400-12-01-.02(1)(c)1
of the ``Mixture'' and 92; 57 FR 23062, (i)-(ii),
``Derived-From'' Rules. 6/1/92; 57 FR (1)(c)1(ii)(I)-(V),
49278, 10/30/92. including
(1)(c)1(ii)(V) I-V,
(1)(c)2-3,
(1)(c)3(i)-(ii),
(1)(c)3(ii)(I)-(II),
including
(1)(c)3(ii)(II) I-
III, (1)(c)4(i)-
(ii).
Checklist 167F, Exclusion of 63 FR 28556, 5/26/ 0400-12-01-.02(1)(d)1
Recycled Wood Preserving 98. (ix)(III), including
Wastewaters. (1)(d)1(ix)(III) I-
V.
Checklist 212, National 70 FR 59402, 10/ 0400-12-01-.01(2)(b)1
Emission Standards for 12/05. and 2; 0400-12-01-
Hazardous Air Pollutants: .06(15)(a)2(i) and
Final Standards for Hazardous (iii); 0400-12-01-
Air Pollutants for Hazardous .05(15)(a)2(i); 0400-
Waste Combustors (Phase I 12-01-.09(8)(a)2(i)
Final Replacement Standards and (iii)-(iv); 0400-
and Phase II). 12-01-.07(2)(h)1,
(2)(h)1(i),
(2)(h)1(i)(I)-(IX),
and (2)(h)1(ii)
[reserved]; 0400-12-
01-.07(5)(b)5(v),
(5)(b)8,
(5)(b)10(iv)(III),
and
(5)(b)11(v)(III);
0400-12-01-.07(8)(b)
2(iii); 0400-12-01-
.07(9)(c)5(x)(I)-(II
I), (9)(c)5(xi)(I),
(9)(c)5(xi)(I) I-IV,
(9)(c)5(xi)(II), and
(9)(c)5(xi)(II) I-
II; 0400-12-01-
.07(10), Appendix I,
Item (l)10; 0400-12-
01-.07(1)(e) and
(j); and 0400-12-01-
.07(12)(a)1(i)-(ii),
(12)(a)2(i)(I),
(12)(a)2(ii),
(12)(a)3, and
(12)(a)3(i)-(ii).
[[Page 41613]]
Checklist 214, Corrections to 71 FR 40254, 7/14/ 0400-12-01-.01(2)(a);
Errors in the Code of Federal 06. 0400-12-01-.05(5)(a)
Regulations. and (b); 0400-12-01-
.02(1)(b)3(i)(I),
(1)(c)1(ii)(I),
(1)(d)1(xxii)(V),
(1)(d)2(ii)(II),
(1)(d)2(vi)(I) II,
(1)(d)2(vi)(II),
(1)(d)2(vi)(II) IV,
(1)(d)2(vi)(II) VI,
(1)(d)2(ix),
(1)(d)5(ii)(VI),
(1)(d)5(iii)(I),
(1)(f)1(ii)(I)-(IV),
and (1)(f)3(ii);
0400-12-01-.02(3)(b)
1(iii),
(3)(b)1(iii)(I),
(3)(b)1(iii)(II),
(3)(b)1(iii)(II) I-
IV, (3)(b)1(iv),
(3)(b)1(iv)(I),
(3)(b)1(iv)(I) I-IV,
and (3)(e)2; 0400-12-
01-.02(4)(b)1 Table,
(4)(c)1 Table
(Entries for K107
and K069), (4)(d)5
including Comment
and Table, and
(4)(d)6 including
Comment and Table;
0400-12-01-.02(30),
Appendices VII and
VIII; 0400-12-01-
.06(1)(b)2(ii); 0400-
12-01-.06(2)(d)2(vii
)(III) II, (2)(h)2,
and
(2)(i)2(iii)(III);
0400-12-01-.06(6)(h)
1(i), (6)(h)1(i)(I),
(6)(h)9(v),
(6)(i)1(ii),
(6)(i)7(iv)(I),
(6)(j)8(ii), and
(6)(l)4; 0400-12-01-
.06(7)(c)2(ix),
(7)(f)-(g), (7)(i)3,
and (7)(j)2(i)(II);
0400-12-01-.06(8)(a)
4(i), (8)(c)2(ii),
(8)(g)2(vii),
(8)(g)5(v),
(8)(g)1(iii)(I),
(8)(f)2, (8)(g)8(x),
(8)(n)8(i), (8)(p)2,
(8)(p)6-7, (8)(p)7
Item 3, (8)(p)7 Part
A, Alternative I,
Item 3, (8)(p)7 Part
B, Alternative I,
Item 10, (8)(p)7
Part B, Alternative
I, Item 15, (8)(p)7
Part B, Alternative
II, Item 7,
(8)(p)8(ii)
[Guarantee for
Liability Coverage],
(8)(p)9,
(8)(p)10(ii)(IV),
(8)(p)11-12,
(8)(p)13 Section
8(III), and
(8)(p)14(i) Sections
3(III)I, 3(V)III,
12, and 16; 0400-12-
01-.06(9)(f)2(i);
0400-12-01-.06(10)(d
)3(iv) Note,
(10)(d)4(iv),
(10)(d)5(ii)(II)-(II
I), (10)(d)5(ii)(V)
I-II,
(10)(d)5(iii)(I)-(II
), (10)(d)7(i)(III)-
(IV), and
(10)(d)7(ii)(I) I;
0400-12-01-.06(11)(b
)3(i)(I) II,
(11)(b)3(ii)(II),
(11)(b)5(i),
(11)(b)5(ii)(I) II-
III, (11)(b)5(ii)(I)
III, (11)(d)2(i),
and (11)(g)1(ii);
0400-12-01-.06(12)(b
)1(ii)(I) I and
(12)(c)1-2; 0400-12-
01-.06(13)(k)3(vii),
(13)(k)4, and
(13)(n)1; 0400-12-01-
.06(14)(b)3(ii),
(14)(b)5(ii)(I) II,
(14)(c)1-2,
(14)(e)2(i),
(14)(o)5(ii), and
(14)(r)1; 0400-12-01-
.06(15)(e)2; 0400-12-
01-.06(22)(c)5(iv)(I
II),
(22)(c)5(iv)(IV) VI,
(22)(c)5(vi)(III) V,
(22)(e)1, and
(22)(f)5(vi); 0400-
12-01-.06(26)(d)1(i)
, (26)(d)1(iv)(I),
(26)(d)1(v),
(26)(d)2, and
(26)(d)3(ii)-(iii);
0400-12-01-.06(27)(a
), (27)(b)1,
(27)(b)2(xi), and
(27)(b)3(iv);0400-12
-01-.06(30)(a)3,
(30)(d)6(ii)(VII)
II, (30)(e)2(ii),
and (30)(f)3(iv)(I)-
(II); 0400-12-01-
.06(31)(a)6 and
(31)(i)3(i); 0400-12-
01-.06(32)(a)3; 0400-
12-01-.06(33)(b)2(ii
i)(III),
(33)(b)3(iii),
(33)(b)3(iii)(I),
(33)(b)4, and
(33)(c)1; 0400-12-01-
.06(57)(a) Appendix
I, Table 1 and
Appendix II, Table
2; 0400-12-01-
.05(1)(b)2(iii);
0400-12-01-.05(2)(e)
2(i), (2)(g)2, and
(2)(j)3(ii); 0400-12-
01-.05(4)(g)2; 0400-
12-01-.05(6)(a)4;
0400-12-01-.05(7)(a)
2(iv), (7)(b)3,
(7)(c)2(v),
(7)(c)4(iv),
(7)(d)2,
(7)(d)5(iv), and
(7)(j)2(i)(II); 0400-
12-01-.05(8)(a)2,
(8)(a)2(ii),
(8)(c)1, (8)(g)7(x),
and (8)(n)1(i)(I)-
(II); 0400-12-01-
.05(9)(e); 0400-12-
01-.05(10)(d)5(ii)(V
) I-II,
(10)(d)9(ii),
(10)(e)2(i)-(ii),
and (10)(h)2; 0400-
12-01-.05(11)(b)1,
(11)(b)4(ii)(I) I-
II, (11)(e)2(i),
(11)(j)1(ii)(III)
IV, (11)(j)2(ii),
and (11)(k)2(ii)-
(iii); 0400-12-01-
.05(12)(f)2 and
(12)(j)2(i); 0400-12-
01-.05(13)(k)1(iv)
and (13)(l)1(i);
0400-12-01-.05(14)(b
)1, (14)(b)4(i),\5\
(14)(b)4(ii)(I)II,
(14)(c)2,
(14)(d)2(i),
(14)(m)1(i),
(14)(o)5(i)(II),
(14)(o)6(ii),
(14)(q), and
(14)(q)3-4; 0400-12-
01-.05(17)(f)1(i)(I)
; 0400-12-01-
.05(23)(d)1(iv)(I),
(23)(d)2, and
(23)(f)2; 0400-12-01-
.05(27)(d)6(ii)(II),
(27)(f)2(ii),
(27)(f)2(ii)(I), and
(27)(f)3(iv)(I);
0400-12-01-.05(28)(n
)2(iv)(II); 0400-12-
01-.05(29)(a)1,
(29)(f)8(iii),
(29)(h)2, and
(29)(k)6(i); 0400-12-
01-.05(30)(a)4,
(30)(b)2(iii)(I) II,
(30)(b)2(iii)(III),
(30)(b)3(iii), and
(30)(b)4; 0400-12-01-
.05(53)(a),
Appendices I (Tables
1 and 2), V (Table),
and VI; 0400-12-01-
.09(6)(a)1; 0400-12-
01-.09(8)(a)2(ii)(IV
), (8)(a)4(iii)(I)
I, (8)(a)7,
(8)(c)1(ii)(VI),
(8)(c)5(iii)(I) V,
(8)(c)5(v)(I) III,
(8)(c)5(vi)(II) II
B,
(8)(c)5(viii)(III),
(8)(d)1(iv)(VII),
(8)(d)2(ii)(V) II B,
(8)(d)2(v)(II) I,
(8)(d)3(i)(I),
(8)(d)3(i)(II) I B,
(8)(d)3(i)(IX),
(8)(d)3(i)(IX) I,
(8)(d)3(iv)(IV) III
A, (8)(d)7(i)(I),
(8)(g)4(i),
(8)(j)1(ii)(II), and
(8)(j)2; 0400-12-01-
.09(14); 0400-12-01-
.09(30), Appendices
III-VI, VIII, and
XIII (Item 14); 0400-
12-01-.10(1)(b)1,
(1)(d)1(iii),
(1)(g)1(i),
(1)(g)1(iii)(II),
(1)(g)1(iv) Table
(Entry 8),
(1)(g)2(iii)(II)
Table (Entry 5),
(1)(g)2(iv)(II),
(1)(g)3(ii),
(1)(g)4, (1)(g)4(i),
(1)(g)4(i)(I)-(III),
(1)(g)4(ii)-(iii),
and (1)(n)2-3; 0400-
12-01-.10(3)(a)7,
(3)(a) Treatment
Standards Table,
(3)(c) Table 1,
(3)(f) Table 1,
(3)(i) Universal
Treatment Standards
Table, and (3)(j)4;
0400-12-01-.10(4)(a)
3 and (4)(a)7; 0400-
12-01-.10(5),
Appendix VIII; 0400-
12-01-.07(2)(f) and
(2)(a)10(ii); 0400-
12-01-.07(5),
(5)(a)1(xi)(II) II,
(5)(a)1(xix)(III),
(5)(a)1(xxi),
(5)(b)3(vi),
(5)(b)4(ii),
(5)(b)4(vii), and
(5)(b)6(ix)(II);
0400-12-01-.07(9)(c)
6 and
(9)(c)5(iv)(II);
0400-12-01-.07(10),
Appendix I; 0400-12-
01-.07(3)(c)2(ii);
0400-12-01-.12(1)(i)
; 0400-12-01-
.12(2)(d)2 and
(2)(e)1; 0400-12-01-
.12(3)(e)1; 0400-12-
01-.11(1)(a); 0400-
12-01-.11(2)(a)2(ii)
, (2)(b), and (2)(b)
Table 1; 0400-12-01-
.11(5)(d)3(iii)(I),
(5)(d)3(v), (5)(e)1,
and (5)(e)3(ii);
0400-12-01-.11(6)(c)
1-2, (6)(c)2(i)(II),
(6)(c)2(vi)(II)-(III
), (6)(f)1,
(6)(g)1(ii),
(6)(h)1(ii)(II), and
(6)(j); 0400-12-01-
.11(7)(d)2(iii) and
(7)(e)5; 0400-12-01-
.11(8)(a)2(i).
Checklist 220, Academic 73 FR 72912, 12/1/ 0400-12-01-.03(1)(d)3
Laboratories Generator 08. (vi)-(vii),
Standard. (1)(a)2(xi), and
(1)(a)2(xi)(I)-(II);
0400-12-01-.03(10)(a
)-(q), including
(10)(q)1-2 [Addition
of Subpart K].
[[Page 41614]]
Checklist 222, OECD 75 FR 1236, 1/8/ 0400-12-01-.03(1)(a)2
Requirements; Export 10. (iv);0400-12-01-.03(
Shipments of Spent Lead-Acid 9)(a)1-2 and (9)(b);
Batteries. 0400-12-01-.01(2)(a)
; 0400-12-01-
.03(9)(c)1-5,
including (9)(c)5(i)-
(ii), (9)(d)1-5, and
(9)(e)1-5; 0400-12-
01-.04(1)(a)5; 0400-
12-01-.06(2)(c)1(ii)
; 0400-12-01-
.06(5)(b)1(iii) and
(5)(b)4; 0400-12-01-
.05(2)(c)1(ii); 0400-
12-01-.05(5)(b)1(iii
) and (5)(b)4; 0400-
12-01-.09(7)(a)1(vi)
-(vii) Table
Sections 6 and 7.
Checklist 223, Hazardous Waste 75 FR 12989, 3/18/ 0400-12-01-.01(2)(a);
Technical Corrections and 10; 75 FR 31716, 0400-12-01-.01
Clarifications. 6/4/10. [Removal of Appendix
I]; 0400-12-01-
.02(1)(a)3(x) and
(1)(b)3 Table 1;
0400-12-01-.02(1)(d)
1(xvii)(VI),
(1)(f)1(ii),
(1)(f)1(ii)(II),
(1)(f)1(iii),
(1)(g)1(i)-(ii),
(1)(g)2(i), and
(1)(g)2(iii); 0400-
12-01-.02(3)(d)1(vii
i); 0400-12-01-
.02(4)(a)3-4,
(4)(b)1 (listing for
F037), (4)(c)1
Table, and (4)(d)6
(listing for U239);
0400-12-01-.02(30),
Appendix VII; 0400-
12-01-.03(3)(d)6 and
(3)(d)6(i)-(iv);
0400-12-01-.03(5)(c)
1(i)-(ii), (5)(c)3,
(5)(c)3(i)-(ii), and
(5)(c)2 Note; 0400-
12-01-.06(4)(c)2 and
(4)(g)4(ii); 0400-12-
01-.06(5)(c)5(vi),
(5)(c)6(i), and
(5)(c)6(vii)-(viii);
0400-12-01-.06(14)(o
)4 and (14)(q)2;
0400-12-01-.06(22)(c
)1(iii)(II)-(IV) and
(22)(c)5(iv)(IV) VI;
0400-12-01-.05(4)(c)
2 and (4)(g)4(ii);
0400-12-01-.05(5)(c)
5(vi), (5)(c)6(i),
and (5)(c)6(vii)-
(viii); 0400-12-01-
.05(14)(o)5 and
(14)(q)2; 0400-12-01-
.10(3)(a) Treatment
Standards Table and
(3)(i)1 Universal
Treatment Standards
Table; 0400-12-01-
.07(8)(g)1(i),
(8)(g)1(i)(I)-(IV),
and (8)(g)1(ii).
Checklist 225, Removal of 75 FR 78918, 12/ 0400-12-01-.02(4)(d)6
Saccharin and Its Salts from 17/10. ; 0400-12-01-
the Lists of Hazardous .02(30), Appendix
Constituents. VIII; 0400-12-01-
.10(3)(a) Treatment
Standards Table; and
0400-12-01-.10(5),
Appendix VII (Table
1).
Checklist 226, Academic 75 FR 79304, 12/ 0400-12-01-.03(10)(a)
Laboratories Generator 20/10. , (10)(a)1,
Standards Technical (10)(g)2(iii)(I),
Corrections. (10)(m)5(i),
(10)(o)1(i), and
(10)(o)2(i).
Checklist 227, Revision of the 76 FR 34147, 6/13/ 0400-12-01-.10(3)(a)
Land Disposal Treatment 11. Treatment Standards
Standards for Carbamate Table and (3)(i)1
Wastes. Universal Treatment
Standards Table.
Checklist 228, Hazardous Waste 77 FR 22229, 4/13/ 0400-12-01-.02(4)(c)1
Technical Corrections and 12. (Entry for K107);
Clarifications. 0400-12-01-.09(3)(a)
2.
Checklist 229, Conditional 78 FR 46448, 7/31/ 0400-12-01-.01(2)(a);
Exclusions for Solvent 13. 0400-12-01-.02(1)(d)
Contaminated Wipes. 1(xxvi),
(1)(d)1(xxvi)(I)-(VI
), (1)(d)2(xviii),
(1)(d)2(xviii)(I)-(V
I), including
(1)(d)2(xviii)(VI)I-
II
Checklist 230, Conditional 79 FR 350, 1/3/14 0400-12-01-.01(2)(a);
Exclusion for Carbon Dioxide 0400-12-01-.02(1)(d)
(CO2) Streams in Geologic 8, (1)(d)8(i)-(iv),
Sequestration Activities.. including
(1)(d)8(iv)(I)-(III)
.
Checklist 231, Hazardous Waste 79 FR 7518, 2/7/ 0400-12-01-.01(7)(a)1
Electronic Manifest System; 14. (i)(I)-(II); 0400-12-
Final Rule. 01-.01(2)(a); 0400-
12-01-.03(3)(a)1(iii
), (3)(a)1(iii)(I)-
(II), (3)(e),
(3)(e)1-6, (3)(f),
and (3)(f)1-2; 0400-
12-01-.04(3)(a)1(i)-
(vii), (3)(f), and
(3)(f)1; 0400-12-01-
.06(5)(b)1(ii),
(5)(b)1(ii)(I)-(V),
(5)(b)1(ii)(VI),
(5)(b)6-11, and
(5)(b)11(i); 0400-12-
01-.05(5)(b)1(ii),
(5)(b)1(ii)(I)-(V),
(5)(b)(ii)(VI),
(5)(b)6-11, and
(5)(b)11(i).
Checklist 232, Revisions to 79 FR 36220, 6/26/ 0400-12-01-.01(2)(a);
the Export Provisions of the 14. 0400-12-01-.02(5)(b)
Cathode Ray Tube (CRT) Rule. 1(v)(I) VI,
(5)(b)1(v)(X),
(5)(b)1(v)(X) I-III,
(5)(b)1(v)(XI), and
(5)(d)1-2.
Checklist 219, Revisions to 73 FR 64668, 10/ 0400-12-01-.01(4)(c)3
the Definition of Solid Waste 30/08; 80 FR , including
\6\. 1694, 1/13/15; (4)(c)3(i)-(v),
Checklist 233, Revisions to 83 FR 24664, 5/ (4)(g), and (4)(g)3-
the Definition of Solid 30/18. 5; 0400-12-01-
Waste, Response to Vacatur of .01(5)(c), including
Certain Provisions of the (5)(c)1-2.
Definition of Solid Waste
Rule.
Checklist 233A, Checklist A--
Changes affecting all non-
waste determinations and
variances.
Checklists 233B, Legitimacy- 0400-12-01-.01(2)(a);
related provisions, including 0400-12-01-.01(5)(d)
prohibition of sham and (5)(d)1-2,
recycling, definition of including (5)(d)2(i)-
legitimacy, definition of (ii); 0400-12-01-
contained. .02(1)(b)1(ii)(II)
[reserved],
(1)(b)2(iii)-(iv),
and (1)(b)7.
Checklist 233C, Speculative 0400-12-01-.02(1)(a)3
Accumulation. (viii).
Checklist 233D2, 2008 DSW 0400-12-01-.01(2)(a);
exclusions and non-waste 0400-12-01-.01(4)(b)
determinations, including , (4)(b)2, (4)(b)4-
revisions from 2015 DSW final 5, (4)(g), (4)(g)1,
rule and 2018 DSW final rule. (4)(e), (4)(e)1-3,
including (4)(e)3(i)-
(v); 0400-12-01-
.02(1)(a)3(iv),
(1)(b)3(iii) and
(iv) Table 1, and
(1)(d)1(xxiii)-(xxv)
, through and
including
(1)(d)1(xxv)(I)-(XII
); 0400-12-01-
.02(8)(a)-(l)
[Addition of Subpart
H]; 0400-12-01-
.02(11) and (12)
[reserved]; 0400-12-
01-.02(13)(a)-(d),\7
\ through and
including
(13)(d)6(ix)(I)-(VII
) [Addition of
Subpart M]; 0400-12-
01-.07(10)(a)9-10
Appendix I.
[[Page 41615]]
Checklist 233E, 0400-12-01-.01(2)(a);
Remanufacturing exclusion. 0400-12-01-.02(1)(b)
3(iii), (1)(b)3(iv)
Table 1, and
(1)(d)1(xxvii)(I)-(V
I), including
(1)(d)1(xxvii)(VI)I-
VI;0400-12-01-.02(9)
(a)-(j) [Addition of
Subpart I]; 0400-12-
01-.02(10)(a)-(k)
[Addition of Subpart
J] [including
(10)(c), (10)(d)5,
and (10)(f) all
reserved]; 0400-12-
01-.02(27)(a)-(f),\8
\ including (27)(f)1-
6 [Addition of
Subpart AA]
[including
(27)(d)1(ii)
reserved]; 0400-12-
01-.02(28)(a)-(o),
including (28)(o)1-
13 [Addition of
Subpart BB]; 0400-12-
01-.02(29)(a)-(j),
including (29)(j)1-8
[Addition of Subpart
CC] [including
(29)(a)2, (29)(d)2,
(29)(f), and
(29)(g)2(ii) all
reserved].
Checklist 234, Vacatur of the 80 FR 18777, 4/8/ 0400-12-01-.01(2)(a);
Comparable Fuels Rule and the 15. 0400-12-01-.02(1)(d)
Gasification Rule. 1(xii) and
(1)(d)1(xvi)
[reserved]; 0400-12-
01-.02(5)(a)
[reserved]
Checklist 235, Disposal of 80 FR 21302, 4/17/ 0400-12-01-.02(1)(d)2
Coal Combustion Residuals 15. (iv)(I)-(II),
from Electric Utilities. including
(1)(d)2(iv)(II) I-
VIII.
Checklist 236, Imports and 81 FR 85696, 11/ 0400-12-01-.01(2)(a)
Exports of Hazardous Waste. 28/16; 82 FR and (2)(b)1-2; 0400-
41015, 8/29/17; 12-01-.02(1)(d)4(i),
83 FR 38262, 8/6/ (1)(d)4(iv),
18. (1)(d)5(i),
(1)(d)5(iv),
(1)(f)1(iii)(I), and
(1)(f)1(v); 0400-12-
01-.02(5)(b)1(v)(II)
, (5)(b)1(v)(V)-
(VI),
(5)(b)1(v)(IX), and
(5)(b)1(v)(XI); 0400-
12-01-.03(1)(a)2(iv)
and (1)(i)4; 0400-12-
01-.03(5)(b)4; 0400-
12-01-.03(7)-(8)
[Removal of Subparts
E and F]; 0400-12-01-
.03(9)(a)-(e),
including (9)(e)1-8
and (9)(e)8(i)-(iv),
and (9)(f)-(j)
[reserved]; 0400-12-
01-.04(1)(a)5; 0400-
12-01-.04(3)(a)1(ii)
, (3)(a)3,
(3)(a)5(ii),
(3)(a)6(ii) and
Note, (3)(a)7,
(3)(a)7(i)-(iv),
including
(3)(a)7(iv)(I)-(II);
0400-12-01-.06(2)(c)
1, (2)(c)1(i)-(iv),
and (2)(c)1(iv)(I)-
(II); 0400-12-01-
.06(5)(b)1(iii),
(5)(b)1(iii)(I)-(II)
, and (5)(b)4; 0400-
12-01-.05(2)(c)1,
(2)(c)1(i)-(iv),
including
(2)(c)1(iv)(I)-(II);
0400-12-01-.05(5)(b)
1(iii),
(5)(b)1(iii)(I)-(II)
, and (5)(b)4; 0400-
12-01-.09(6)(a)2 and
(6)(a)2(i)-(iii);
0400-12-01-.09(7)(a)
1(vi)-(x); 0400-12-
01-.12(2)(k);0400-12
-01-.12(3)(j)1 and
2, and (3)(k); 0400-
12-01-.12(4)(g);
0400-12-01-.12(5)(c)
1; 0400-12-01-
.12(6)(a) and
(6)(a)1-3.
Checklist 237, Hazardous Waste 81 FR 85732, 11/ 0400-12-01-.01(1)(b);
Generator Improvements Rule. 28/16. 0400-12-01-.01(2)(a)
and (2)(b)1-2;0400-
12-01-.02(1)(a)1(i),
(1)(a)3(vi),
(1)(d)1(vii), (1)(e)
[reserved], and
(1)(f)3(ii)(IV);
0400-12-01-.02(4)(d)
5-6; 0400-12-01-
.02(13)(d)7;0400-12-
01-.03(1)(a)1,
(1)(a)1(i)-(ii),
(1)(a)2(i),
(1)(a)2(i)(I),
(1)(a)2(i)(I) I,
(1)(a)2(i)(I) I A-D,
(1)(a)2(i)(I) II,
(1)(a)2(i)(I) II A-G
and I, (1)(a)2(i)(I)
III, (1)(a)2(i)(I)
III A-F and H,
(1)(a)2(i)(II)-(III)
, (1)(a)2(ii),
(1)(a)2(iv),
(1)(a)2(vii)(I)-(II)
, (1)(a)2(x)
[reserved],
(1)(a)2(xi),
(1)(a)2(xi)(I)-(II),
(1)(b), (1)(b)1-7,
(1)(c) [reserved],
and (1)(d)-(i),
including (1)(d)(i)1-
40400-12-01-.03(2)(d
) and (2)(d)1(i)-
(ii);0400-12-01-.03(
3) and (4)
(headings); 0400-12-
01-.03(4)(c)2-4,
(4)(e) [reserved],
and (4)(f); 0400-12-
01-.03(5)(a)
(heading), (5)(a)3,
(5)(b), (5)(b)1,
(5)(b)3-4, and
(5)(d)-(e); 0400-12-
01-.03(10)(a)1,
(10)(a)11, (10)(b)1-
2, (10)(c)1-2,
(10)(d)1-2,
(10)(e)1,
(10)(g)2(iii)(III),
(10)(h)4(ii),
(10)(i)1(i)-(ii),
(10)(i)4(ii),
(10)(i)4(ii)(I)-(II)
, (10)(j)2,
(10)(k)1,
(10)(k)2(iii),
(10)(k)4(ii),
(10)(l)3-4,
(10)(l)5(iii),
(10)(m)4,
(10)(n)1(i)-(iii),
(10)(n)2(ii),
(10)(o)2(v), and
(10)(q)1-2; 0400-12-
01-.03(11)(a)-(d),
including (11)(d)1-3
[Addition of Subpart
L]; 0400-12-01-
.03(12)(a-(m),\9\
including
(12)(m)9(i)-(vi)
[Addition of Subpart
M]; 0400-12-01-
.04(1)(c)4-5,
including (1)(c)5(i)-
(ii); 0400-12-01-
.06(1)(b)2(i) and
(1)(b)2(iii); 0400-
12-01-.06(2)(f)2(iv)
; 0400-12-01-
.06(5)(b)3 and
(5)(f); 0400-12-01-
.06(9)(a) and
(9)(e); 0400-12-01-
.06(10)(b)1 and
(10)(f)5
[reserved];0400-12-0
1-.06(30)(a)2(ii);04
00-12-01-.06(31)(a)2
(iii); 0400-12-01-
.06(33)(b)3(iv);
0400-12-01-.05(1)(b)
2(i), (1)(b)2(iv),
(2)(f)2(iv), and
(2)(f)2(v)
[reserved]; 0400-12-
01-.05(5)(b)3 and
(5)(f);0400-12-01-.0
5(9)(e); 0400-12-01-
.05(10)(f)4
[reserved] and
(10)(l) [reserved];
0400-12-01-.05(27)(a
)2(ii)-(iii); 0400-
12-01-.05(28)(a);
0400-12-01-.05(30)(b
)3(iv);0400-12-01-.0
9(7)(a)1(vi) and
(viii)-(x); 0400-12-
01-.09(14)(f)1(i);
0400-12-01-.10(1)(a)
5(i) and (1)(g)1(v);
0400-12-01-.10(4)(a)
1(i),
(4)(a)1(ii)(I), and
(4)(a)1(ii)(I) I-IV;
0400-12-01-.07(1)(b)
4 and (1)(b)4(i)-
(ii);0400-12-01-.12(
1)(c) and
(1)(c)1(ii); 0400-12-
01-.12(7)(b)2; 0400-
12-01-.11(2)(a)2(iii
).
Checklist 238, Confidentiality 82 FR 60894, 12/ 0400-12-01-.01(7)(a)1
Determinations for Hazardous 26/17. and (Note) and
Waste Export and Import (7)(a)1(ii)(I)-(II);
Documents. 0400-12-01-.02(5)(b)
1(v)(IV); 0400-12-01-
.03(9)(d)2(v),
(9)(d)6(ix),
(9)(e)2(iv), and
(9)(e)6(viii).
Checklist 239, Hazardous Waste 83 FR 420, 1/3/18 0400-12-01-.01(1)(d),
Electronic Manifest User Fee (1)(d)1, including
Rule. (1)(d)1(i)-(iv),
(1)(e), (1)(e)1-2,
including (1)(e)2(i)-
(ii); 0400-12-01-
.03(3)(a)1(i)-(ii),
(3)(e)3, (3)(e)3(i)
and (ii) [reserved],
(3)(e)5, (3)(e)7
[reserved], and
(3)(e)8; 0400-12-01-
.03(13) [Appendix
removed]; 0400-12-01-
.04(3)(a)1(viii)
[reserved] and (ix),
and (3)(b)1-3,
including (3)(b)3(i)-
(ii); 0400-12-01-
.06(5)(b)1(ii),
including
(5)(b)1(ii)(I)-(VI),
(5)(b)10,
(5)(b)10(i)-(ii),
(5)(b)12, and
(5)(b)12(i)-(v);
0400-12-01-.06(32)(g
)3(iv)(I) and
(32)(g)4(iv)(I);
0400-12-01-.05(5)(b)
1(ii), including
(5)(b)1(ii)(I)-(VI),
(5)(b)10(i)-(ii),
(5)(b)12, and
(5)(b)12(i)-(v);
0400-12-01-.05(29)(h
)3(iv)(I) and
(29)(h)4(iv)(I);.
Checklist 240, Safe Management 83 FR 61552, 11/ 0400-12-01-.01(2)(a);
of Recalled Airbags. 30/18. 0400-12-01-.02(1)(d)
9 [reserved],
(1)(d)10(i)-(iii);
0400-12-01-.03(1)(e)
1(v)(IX)-(X) [both
reserved] and
(1)(e)1(v)(XI).
[[Page 41616]]
Checklist 242, Universal Waste 84 FR 67202, 12/9/ 0400-12-01-.01(2)(a);
Regulations: Addition of 19. 0400-12-01-.02(1)(j)
Aerosol Cans. 3-5; 0400-12-01-
.06(1)(b)2(x)(III)-(
V); 0400-12-01-
.05(1)(b)2(xii)(III)
-(V); 0400-12-01-
.10(1)(a)6(iii)-(v);
0400-12-01-.07(1)(b)
4(ix)(III)-(V); 0400-
12-01-.12(1)(a)1(iii
)-(v), (1)(c)2(ii),
(1)(f)1-3, including
(1)(f)3(i)-(ii), and
(1)(i); 0400-12-01-
.12(2)(d)3(ii)(III)-
(IV), (2)(d)5,
(2)(d)5(i)-(iv),
including
(2)(d)5(iv)(I)-(VII)
, and (2)(e)6; 0400-
12-01-.12(3)(c)2(iv)
, (3)(d)3(ii)(III)-
(IV), (3)(d)5,
(3)(d)5(i)-(iv),
including
(3)(d)5(iv)(I)-(VII)
, and (3)(e)6.
Checklist 243, Modernizing 85 FR 40594, 7/7/ 0400-12-01-.01(2)(b)
Ignitable Liquids 20. and (2)(b)1-2; 0400-
Determinations. 12-01-.02(3)(b)1(i),
(3)(b)1(iii)(II),
(3)(b)1(iii)(II)I-II
, (3)(b)1(iii)(III)-
(IV) (removed),
(3)(b)1(iv),
(3)(b)1(iv)(I)I,
(3)(b)1(iv)(I)IV,
and (3)(b)2 (removed
Notes 1-4).
------------------------------------------------------------------------
Notes
\1\ The Tennessee regulatory citations are from the Tennessee Rules of
the Division of Solid Waste Management (Hazardous Waste Program),
Chapter 0400-12-01, as amended through June 3, 2021.
\2\ Checklist SR1 corresponds to two HSWA statutory provisions relating
to existing and newly regulated surface impoundments (RCRA sections
3005(j)(1) and 3005(j)(6)(A)). The 1988 deadline in RCRA section
3005(j)(1) has passed making this provision moot. The statutory
requirement at RCRA section 3005(j)(6)(A) has been codified at 40 CFR
265.221(h) by Checklist 109. Tennessee was authorized for Checklist
109 in 1995. The EPA is including Checklist SR1 in this authorization
for completeness.
\3\ Checklist SI relates to a state's authority to share landfill or
surface impoundment permit application information with the Agency for
Toxic Substances and Disease Registry (ATSDR). There is no regulatory
analog to this provision at the Federal or State level; therefore, the
Tennessee statutory provisions providing for the State's authority to
share information with ATSDR are listed above.
\4\ Checklist 117A has been superseded by Checklist 192A, Mixture and
Derived-From Rule Revisions. Tennessee was previously authorized for
Checklist 192A, effective February 7, 2005. The EPA is including
Checklist 117A in this authorization for completeness.
\5\ Tennessee's 0400-12-01-.05(14)(b)4(i) contains an incorrect cross-
reference to Rule 0400-12-01-.02(3)(d). The correct reference to the
Toxicity Characteristic Rule is 0400-12-01-.02(3)(e). Tennessee will
correct this cross-reference in a subsequent rulemaking.
\6\ Tennessee has adopted the 2008 Federal Revisions to the Definition
of Solid Waste Rule, as amended on January 13, 2015, and May 30, 2018.
\7\ The Federal regulations at 40 CFR part 261, subpart M, still contain
references to the verified recycler variance under 40 CFR 260.31(d),
which has been removed. Tennessee has appropriately removed these
references throughout its 0400-12-01-.02(13); however, in several
places, Tennessee's regulations replace the reference to the verified
recycler variance with the phrase ``or an intermediate or reclamation
facility excluded from regulation under subpart (1)(d)1(xxiv) of this
rule.'' Note that it is not the facility that is excluded under 0400-
12-01-.02(1)(d)1(xxiv); it is the hazardous secondary material that is
potentially excluded from regulation. Tennessee will amend its
regulations to clarify this distinction in a subsequent rulemaking.
\8\ The Tennessee regulation at 0400-12-01-.02(27)(d)14(i)(II) contains
an incorrect cross-reference to paragraphs (30) and (32) of 0400-12-01-
.06. The correct cross-reference should be to 0400-12-01-.02(27) and
(29). Tennessee will amend its regulations to correct this cross-
reference in a subsequent rulemaking.
\9\ The EPA is excluding from this authorization part (12)(j)4 of 0400-
12-01-.03(12)(j), which is the analog to 40 CFR 262.262. The waiver
from making ``arrangements'' with the local fire department and other
emergency response organizations at 40 CFR 262.256(c) was not intended
to exempt facilities with 24-hour response capabilities from providing
copies of their contingency plans and quick reference guides to local
emergency responders who may be called upon to provide emergency
services. Tennessee will be removing this provision from its
regulations in a subsequent rulemaking.
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.
The following Tennessee provisions are more stringent than the
Federal program:
<bullet> Tennessee is more stringent than the Federal program at
0400-12-01-.02(1)(d)1(xxiii)(I) II-III and at 0400-12-
01-.02(1)(d)8(iv)(I)-(II) by adding a clause that the certifications
must be made under penalty of perjury.
<bullet> Tennessee is more stringent than the Federal program at
0400-12-01-.02(1)(d)1(xxiv)(VI) III by requiring confirmations to be
sent within thirty (30) days of receipt.
<bullet> Tennessee is more stringent than the Federal program at
0400-12-01-.02(1)(f)3(ii)(IV) by requiring annual reporting instead of
biennial reporting.
<bullet> Tennessee is more stringent than the Federal program at
0400-12-01-.03(1)(e)1 by requiring additional episodic and other
reporting requirements for very small quantity generators.
<bullet> Tennessee is more stringent than the Federal program at
0400-12-01.03(1)(g)2(ii)(IV) II, (g)2)(iii)(III) II, (g)2(iii)(IV) II,
(g)2(iv)(III) III, (h)1(i)(V) II, (h)1(ii)(II), (h)1(iii)(I), and
(h)1(iii)(III) III by requiring that records for large and small
quantity generator inspections be kept for at least three (3) years and
that such records include specific information.
<bullet> Tennessee is more stringent than the Federal program at
0400-12-01-.03(1)(a)2(i)(I) II C, 0400-12-01-.03(1)(a)(2)(i)(I) III C,
and 0400-12-01-.03(2)(d)1-3 in that these provisions require re-
notification to the Commissioner within thirty (30) days after certain
changes, annual updates to the notification information on file for
large and small quantity generators, and notification of cessation of
operations and closure.
<bullet> Tennessee is more stringent than the Federal program at
0400-12-01-.03(5)(b)1-3 by requiring annual reporting for large and
small quantity generators, as opposed to biennial reporting.
<bullet> Tennessee is more stringent than the Federal program at
0400-12-01-.03(11)(c)1(v) and 0400-12-01-.03(11)(c)2(v) by requiring
annual reporting for small and very small quantity generators.
<bullet> Tennessee is more stringent than the Federal program at
0400-12-01-.04(1)(c)4-5 by imposing additional requirements on transfer
facilities, including personnel training and security.
<bullet> Tennessee is more stringent than the Federal program at
0400-12-01-.06(5)(f) and 0400-12-01-.05(5)(f) by requiring annual
reporting as opposed to biennial reporting.
<bullet> Tennessee is more stringent than the Federal program at
0400-12-01-.11(2)(a)2(iii) by regulating mixtures of used oil
exhibiting the characteristic of
[[Page 41617]]
ignitability as a hazardous waste rather than as used oil.
Although the statute does not prevent states from adopting
regulations that are broader in scope than the Federal program, states
cannot receive authorization for such regulations, and they are not
federally enforceable. The following Tennessee provisions are broader
in scope than the Federal program:
<bullet> Tennessee is broader in scope than the Federal program at
0400-12-01-.03(1)(a)2(i)(I) II H and (I) III G by requiring a hazardous
waste reduction plan for large and small quantity generators.
<bullet> Tennessee is broader in scope than the Federal program at
0400-12-01-.03(1)(i)3 by requiring that transporters have a permit and
not just an EPA Identification Number.
In the definition of legitimate recycling found at 0400-12-
01-.01(5)(d), which corresponds to 40 CFR 260.43, Tennessee includes
two (2) clarifying notes regarding legitimate recycling that are based
on the preamble discussion in the 2015 final Definition of Solid Waste
Rule (see 80 FR 1720-22, January 13, 2015). These notes do not affect a
facility's obligation to legitimately recycle, nor do any of the
material-specific exclusions from the definition of solid waste negate
the requirement that the hazardous secondary material must be
legitimately recycled as required by 0400-12-01-.01(5)(d). Per part
(1)(b)6 of Rule 0400-12-01-.02 (equivalent to 40 CFR 261.2(f)),
respondents in an enforcement action would be required to provide
appropriate documentation in order to demonstrate that any recycling
exemptions or exclusions claimed are based on the material being
legitimately recycled. Tennessee will be removing or clarifying these
notes in a subsequent rulemaking.
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 the user fee provisions associated with the operation of
such system contained in the Hazardous Waste Electronic Manifest Rule
(Checklist 231) and the Hazardous Waste Electronic Manifest User Fee
Rule (Checklist 239). Although Tennessee has adopted these regulations
to maintain its equivalency with the Federal program, it has
appropriately maintained the Federal references in order to preserve
the EPA's authority to implement these non-delegable provisions.
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 OECD Requirements
for Export Shipments of Spent Lead-Acid Batteries (Checklist 222), the
Revisions to the Export Provisions of the Cathode Ray Tube Rule
(Checklist 232), the Imports and Exports of Hazardous Waste Rule
(Checklist 236), and the Confidentiality Determinations for Hazardous
Waste Export and Import Documents Rule (Checklist 238). Although
Tennessee has adopted these regulations to maintain its equivalency
with the Federal program, it has appropriately maintained the Federal
references in order to preserve the EPA's authority to implement these
provisions.
VIII. Who handles permits after the authorization takes effect?
When final authorization takes effect, Tennessee 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 Tennessee
is not yet authorized. The EPA has the authority to enforce State-
issued permits after the State is authorized.
IX. What is codification and is the EPA codifying Tennessee'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. 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 Tennessee's revisions at this time.
However, the EPA reserves the ability to amend 40 CFR part 272, subpart
RR, for the authorization of Tennessee's program changes at a later
date.
X. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action authorizes
State requirements for the purpose of RCRA section 3006 and imposes no
additional requirements beyond those imposed by State law. Therefore,
this action is not subject to review by OMB. I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this action authorizes pre-existing requirements under
State law and does not impose any additional enforceable duty beyond
that required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same
reason, this action also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant, and it does not
make decisions based on environmental health or safety risks. This
action is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA section 3006(b), the EPA grants a state's application
for authorization as long as the state meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for the EPA,
when it reviews a state authorization application, to require the use
of any particular voluntary consensus standard in place of another
standard that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61
[[Page 41618]]
FR 4729, February 7, 1996), in issuing this rule, the EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct. The EPA has complied with Executive Order 12630 (53 FR 8859,
March 15, 1988), by examining the takings implications of this action
in accordance with the ``Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order. This action does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR
1320.3(b). Executive Order 12898 (59 FR 7629, February 16, 1994)
establishes Federal executive policy on environmental justice. Its main
provision directs Federal agencies, to the greatest extent practicable
and permitted by law, to make environmental justice part of their
mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States. Because
this action authorizes pre-existing State rules which are at least
equivalent to, and no less stringent than existing Federal
requirements, and imposes no additional requirements beyond those
imposed by State law, and there are no anticipated significant adverse
human health or environmental effects, this rule is not subject to
Executive Order 12898.
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 September 12, 2022.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, 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: June 28, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-14512 Filed 7-12-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on July 13, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.