Rule2022-19199
Florida: 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 6, 2022
Effective
November 7, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking direct final action on the authorization of Florida'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, 1987 and June 30, 2020. We have determined that these changes satisfy all requirements needed for final authorization.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 171 (Tuesday, September 6, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Rules and Regulations]
[Pages 54398-54401]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19199]
[[Page 54398]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2022-0259; FRL-10134-02-R4]
Florida: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action on the authorization of Florida'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, 1987 and June 30,
2020. We have determined that these changes satisfy all requirements
needed for final authorization.
DATES: This authorization is effective on November 7, 2022 without
further notice, unless the EPA receives adverse comment by October 6,
2022. If the EPA receives adverse comment, we will publish a timely
withdrawal of this direct final action in the Federal Register
informing the public that the authorization will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2022-0259, 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 Leah
Davis, the contact listed in the FOR FURTHER INFORMATION CONTACT
section. Please also contact Leah Davis if you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you.
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 Leah Davis, the contact listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Leah Davis; RCRA Programs and Cleanup
Branch; Land, Chemicals and Redevelopment Division; U.S. Environmental
Protection Agency; Atlanta Federal Center, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8562; fax
number: (404) 562-9964; email address: <a href="/cdn-cgi/l/email-protection#1175706778623f7d747079517461703f767e67"><span class="__cf_email__" data-cfemail="4d292c3b243e6321282c250d283d2c632a223b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Why is the EPA using a direct final action?
The EPA is publishing this action without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse comment. This action is a routine program change. However, in
the ``Proposed Rules'' section of this issue of the Federal Register,
we are publishing a separate document that will serve as the proposed
rule allowing the public an opportunity to comment. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this action, see the ADDRESSES section
of this document.
If the EPA receives comments that oppose this authorization, we
will withdraw this action by publishing a document in the Federal
Register before the action becomes effective. The EPA will base any
further decision on the authorization of the state program changes on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later final action.
II. Why are revisions to state programs necessary?
States that have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
states must change their programs and ask the EPA to authorize the
changes. Changes to state programs may be necessary when Federal or
state statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states
at the same time they take effect in unauthorized states. Thus, the EPA
will implement those requirements and prohibitions in Florida,
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?
Florida submitted a complete program revision application (PRA),
dated September 1, 2021, and an amendment to the PRA, dated June 24,
2022, seeking authorization of changes to its hazardous waste program
corresponding to certain Federal rules promulgated between July 1, 1987
and June 30, 2020 (including Non-HSWA Cluster \1\ IV (Checklist \2\
24.1 only), HSWA Cluster II (Checklist 44D only), RCRA Clusters VIII
(Checklist 167B only), X (Checklists 182 and 182.1), XI (Checklist 190
only), XV (Checklists 206.1 and 207.1), and XXVIII (Checklist 242). The
EPA concludes that Florida'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 Florida 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Florida has responsibility for permitting treatment, storage, and
disposal facilities within its borders
[[Page 54399]]
(except in Indian country, as defined at 18 U.S.C. 1151) and for
carrying out the aspects of the RCRA program described in its program
revision application, subject to the limitations of HSWA, as discussed
above.
IV. What is the effect of this authorization decision?
The effect of this decision is that the changes described in
Florida's authorization application will become part of the authorized
State hazardous waste program and will therefore be federally
enforceable. Florida 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 Florida are already effective under State law and are not
changed by this action.
V. What has Florida previously been authorized for?
Florida initially received final authorization on January 29, 1985,
effective February 12, 1985 (50 FR 3908), to implement the RCRA
hazardous waste management program. The EPA granted authorization for
changes to Florida's program on the following dates: December 1, 1987,
effective March 3, 1988 (52 FR 45634); December 16, 1988, effective
January 3, 1989 (53 FR 50529); December 14, 1990, effective February
12, 1991 (55 FR 51416); February 5, 1992, effective April 6, 1992 (57
FR 4371); February 7, 1992, effective April 7, 1992 (57 FR 4738); May
20, 1992, effective July 20, 1992 (57 FR 21351); November 9, 1993,
effective January 10, 1994 (58 FR 59367); July 11, 1994, effective
September 9, 1994 (59 FR 35266); April 16, 1994, effective October 17,
1994 (59 FR 41979); October 26, 1994, effective December 27, 1994 (59
FR 53753); April 1, 1997, effective June 2, 1997 (62 FR 15407); January
20, 1998, effective March 23, 1998 (63 FR 2896); September 18, 2000,
effective November 18, 2000 (65 FR 56256); August 23, 2001, effective
October 22, 2001 (66 FR 44307); August 20, 2002, effective October 21,
2002 (67 FR 53886 and 67 FR 53889); October 14, 2004, effective
December 13, 2004 (69 FR 60964); August 10, 2007, effective October 9,
2007 (72 FR 44973); February 7, 2011, effective April 8, 2011 (76 FR
6564); October 8, 2014, effective December 8, 2014 (79 FR 60756);
February 22, 2019 (Proposed), effective May 10, 2019 (84 FR 20549); and
February 25, 2020, effective June 1, 2020 (85 FR 33026). The authorized
Florida program, through RCRA Cluster IV, was incorporated by reference
into the CFR on January 20, 1988, effective March 23, 1998 (63 FR
2896).
VI. What changes is the EPA authorizing with this action?
Florida submitted a complete program revision application, dated
September 1, 2021, and an amendment to the PRA, dated June 24, 2022,
seeking authorization of changes to its hazardous waste management
program in accordance with 40 CFR 271.21. This application included
changes associated with Checklist 242. Additionally, the amendment to
the PRA included changes associated with older Checklists 24.1, 44D,
167B, 182, 182.1, 190, 206.1, and 207.1.\3\ The EPA has determined,
subject to receipt of written comments that oppose this action, that
Florida'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
Florida for the following program changes:
---------------------------------------------------------------------------
\3\ Florida previously adopted these older Federal rules
associated with these checklists but has not yet been authorized for
them. For completeness, the EPA is authorizing Florida for these
older checklists now.
----------------------------------------------------------------------------------------------------------------
Description of Federal requirement Federal Register date and page Analogous state authority \1\
----------------------------------------------------------------------------------------------------------------
Checklist 24.1, Closure/Post-Closure 53 FR 7740, 3/10/1988.................... 62-730.020(1); 62-730.180(1)-
and Financial Responsibility (2); 62-730.220(1); 62-
Requirements \2\. 730.290(4).
Checklist 44D, EPA Administered Permit 52 FR 45788, 12/1/1987................... 62-730.290.
Programs: The Hazardous Waste Permit
Program.
Checklist 167B, Land Disposal 63 FR 28556, 5/26/1988................... 62-730.183.
Restrictions Phase IV--Hazardous
Soils Treatment Standards and
Exclusions.
Checklists 182 and 182.1, NESHAPS: 64 FR 52827, 9/30/1999; 64 FR 63209, 11/ 62-730.020(1); 62-730.030(1);
Final Standards for Hazardous Air 19/1999. 62-730.180(1)-(2); 62-
Pollutants for Hazardous Waste 730.181(1); 62-730.220(1);
Combustors (MACT Rule). 62-730.290(4).
Checklist 190, Deferral of Phase IV 65 FR 81373, 12/26/2000.................. 62-730.183.
Standards for PCBs as a Constituent
Subject to Treatment in Soil.
Checklist 206.1, Nonwastewaters from 70 FR 35032, 6/16/2005................... 62-730.030(1); 62-730.183.
Dyes and Pigments Correction.
Checklist 207.1, Uniform Hazardous 70 FR 35034, 6/16/2005................... 62-730.020(1); 62-730.030(1);
Waste Manifest Correction. 62-730.160(1); 62-
730.170(1); 62-730.180(1)-
(2).
Checklist 242, Universal Waste 84 FR 67202, 12/9/19..................... 62-730.020(1); 62-730.030(1);
Regulations: Addition of Aerosol Cans. 62-730.180(1)-(2); 62-
730.183; 62-730.220(1); 62-
730.185(1).
----------------------------------------------------------------------------------------------------------------
Notes
\1\ The Florida regulatory citations are from the Florida Administrative Code (F.A.C.), effective October 30,
2020.
\2\ The amendments made by Checklist 24.1 corrected errors in the preamble to the underlying Federal rule at 51
FR 16422 (May 2, 1986). Florida properly adopted the required changes made by Checklist 24 and was previously
authorized for those changes. We are including Checklist 24.1 in this authorization for completeness.
[[Page 54400]]
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
authorization for such regulations, and they are not federally
enforceable. There are no State requirements in the program revisions
listed in the table above that are considered to be more stringent or
broader in scope than the Federal requirements.
VIII. Who handles permits after the authorization takes effect?
When final authorization takes effect, Florida 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 Florida is
not yet authorized. The EPA has the authority to enforce State-issued
permits after the State is authorized.
IX. How does this action affect Indian country in Florida?
Florida is not authorized to carry out its hazardous waste program
in Indian country within the State, which includes the Indian lands
associated with the Miccosukee Tribe of Indians of Florida and the
Seminole Tribe of Florida. 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.
X. What is codification and is the EPA codifying Florida'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 Florida's revisions at this time.
However, the EPA reserves the ability to amend 40 CFR part 272, subpart
K, for the authorization of Florida's program changes at a later date.
XI. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action authorizes
State requirements for the purpose of RCRA section 3006 and imposes no
additional requirements beyond those imposed by State law. Therefore,
this action is not subject to review by OMB. I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this action authorizes pre-existing requirements under
State law and does not impose any additional enforceable duty beyond
that required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same
reason, this action also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This
action is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA section 3006(b), the EPA grants a state's application
for authorization as long as the state meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for the EPA,
when it reviews a state authorization application, to require the use
of any particular voluntary consensus standard in place of another
standard that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this 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.
[[Page 54401]]
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 November 7, 2022.
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: August 26, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-19199 Filed 9-2-22; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 6, 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.