Rule2023-17387
New Hampshire: 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
August 15, 2023
Effective
October 16, 2023
Issuing agencies
Environmental Protection Agency
Abstract
New Hampshire has applied to the Environmental Protection Agency (EPA) for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. The EPA has reviewed New Hampshire's application and has determined that these revisions satisfy all requirements needed to qualify for final authorization. Therefore, we are taking direct final action to authorize the State's changes. In the "Proposed Rules" section of this issue of the Federal Register, the EPA is also publishing a separate document that serves as the proposal to authorize these revisions. Unless the EPA receives written comments that oppose this authorization during the comment period, the decision to authorize New Hampshire's revisions to its hazardous waste program will take effect.
Full Text
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<title>Federal Register, Volume 88 Issue 156 (Tuesday, August 15, 2023)</title>
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[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55387-55394]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17387]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R01-RCRA-2023-0264; FRL 11231-02-R1]
New Hampshire: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: New Hampshire has applied to the Environmental Protection
Agency (EPA) for final authorization of revisions to its hazardous
waste program under the Resource Conservation and Recovery Act (RCRA),
as amended. The EPA has reviewed New Hampshire's application and has
determined that these revisions satisfy all requirements needed to
qualify for final authorization. Therefore, we are taking direct final
action to authorize the State's changes. In the ``Proposed Rules''
section of this issue of the Federal Register, the EPA is also
publishing a separate document that serves as the proposal to authorize
these revisions. Unless the EPA receives written comments that oppose
this authorization during the comment period, the decision to authorize
New Hampshire's revisions to its hazardous waste program will take
effect.
DATES: This final authorization will become effective on October 16,
2023, unless the EPA receives adverse written comments by September 14,
2023. If the EPA receives any such comment, the EPA will publish a
timely withdrawal of this direct final rule in the Federal Register and
inform the public that this authorization will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2023-0264, at <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="http://www2.epa.gov/dockets/commenting-epa-dockets">http://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Tulasi Landes, RCRA Waste Management,
and Lead Branch; Land, Chemicals and Redevelopment Division; EPA Region
1, 5 Post Office Square, Suite 100 (Mail code 07-1), Boston, MA 02109-
3912; telephone number: (617) 918-1228; email address:
<a href="/cdn-cgi/l/email-protection#3559545b5150461b41405954465c755045541b525a43"><span class="__cf_email__" data-cfemail="1579747b7170663b61607974667c557065743b727a63">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States that have received final authorization from the EPA under
RCRA Section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
states must change their programs and ask the EPA to authorize the
changes. Changes to state programs may be necessary when Federal or
state statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
New federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states
at the same time that they take effect in unauthorized states. Thus,
the EPA will implement those requirements and prohibitions in New
Hampshire, including the issuance of new permits implementing those
requirements, until New Hampshire is granted authorization to do so.
B. What decisions has the EPA made in this rule?
On June 9, 2023, New Hampshire submitted a complete program
revision application seeking authorization of revisions to its
hazardous waste program. The EPA concludes that New Hampshire's
application to revise its authorized program meets all the statutory
and regulatory requirements established by RCRA, as set forth in RCRA
Section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, the
EPA grants final authorization to New Hampshire to operate its
hazardous waste program with the revisions described in its
authorization
[[Page 55388]]
application, and as listed below in Section G of this document.
The New Hampshire Department of Environmental Services (NHDES) has
responsibility for permitting treatment, storage, and disposal
facilities within its borders and for carrying out the aspects of the
RCRA program described in its application, subject to the limitations
of HSWA, as discussed above.
C. What is the effect of this authorization decision?
This decision serves to authorize New Hampshire for the revisions
to its authorized hazardous waste program described in its
authorization application. These changes will become part of the
authorized State hazardous waste program and will therefore be
federally enforceable. New Hampshire will continue to have primary
enforcement authority and responsibility for its State hazardous waste
program. The EPA would maintain its authorities under RCRA Sections
3007, 3008, 3013, and 7003, including its authority to:
<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 will not impose additional requirements on the
regulated community because the regulations for which the EPA is
authorizing New Hampshire are already effective under state law and are
not changed by this action.
D. Why wasn't there a proposed rule before this rule?
Along with this direct final rule, the EPA is publishing a separate
document in the ``Proposed Rules'' section of this issue of the Federal
Register that serves as the proposal to authorize New Hampshire's
program revisions. The EPA did not publish a proposal before this rule
because the EPA views this as a routine program change and does not
expect comments that oppose this approval. The EPA is providing an
opportunity for public comment now, as described in Section E of this
document.
E. What happens if the EPA receives comments that oppose this action?
If the EPA receives comments that oppose this authorization, the
EPA will withdraw this direct final rule by publishing a document in
the Federal Register before the rule becomes effective. The EPA will
base any further decision on the authorization of New Hampshire's
program revisions on the proposal mentioned in the previous section,
after considering all comments received during the comment period. The
EPA will then address all such comments in a later final rule. You may
not have another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.
If the EPA receives comments that oppose only the authorization of
a particular revision to New Hampshire's hazardous waste program, the
EPA will withdraw that part of this rule, but the authorization of the
program revisions that the comments do not oppose will become effective
on the date specified above. The Federal Register withdrawal document
will specify which part of the authorization will become effective, and
which part is being withdrawn.
F. What has New Hampshire previously been authorized for?
The State of New Hampshire initially received final authorization
on December 18, 1984, effective January 3, 1985 (49 FR 49093) to
implement the RCRA hazardous waste management program. EPA granted
authorization for changes to New Hampshire's program on the following
dates: November 14, 1994, effective January 13, 1995 (59 FR 56397); and
February 27, 2006, effective April 28, 2006 (71 FR 9727); and March 1,
2019, effective May 17, 2019 (84 FR 22378).
G. What revisions is the EPA proposing with this proposed action?
On June 9, 2023, New Hampshire submitted a final complete program
revision application, seeking authorization of additional revisions to
its program in accordance with 40 CFR 271.21. New Hampshire seeks
authority to administer the federal requirements that are listed in
Table 1 below. This table lists New Hampshire's analogous requirements
that are being recognized as no less stringent than the analogous
federal requirements.
New Hampshire is seeking authorization for updated state
regulations addressing most federal requirements and for changes to New
Hampshire's base program for which they had been previously authorized.
Significant program revisions in this package include the Management
Standards for Hazardous Waste Pharmaceuticals, and the e-Manifest rule.
The EPA proposes to determine, subject to public review and
comment, that New Hampshire's hazardous waste program revisions are
equivalent to, consistent with, and no less stringent than the Federal
program, and therefore satisfy all of the requirements necessary to
qualify for final authorization. We are proposing to authorize the
program changes as provided in each of the following Revision
Checklists (RC):
CL086: Removal of Strontium Sulfide from the List of Hazardous Wastes;
Technical Amendment
CL125: Boilers and Industrial Furnaces; Changes for Consistency with
New Air Regulations
CL144: Removal of Legally Obsolete Rules
CL193: Change of Official EPA Mailing Address
CL209: Universal Waste Rule: Specific Provisions for Mercury Containing
Equipment
CL213: Burden Reduction Initiative
CL214: Corrections to Errors in the Code of Federal Regulations
CL223: Hazardous Waste Technical Corrections and Clarification
CL228: Hazardous Waste Technical Corrections and Clarifications Rule
CL236: Imports and Exports of Hazardous Waste
CL238: Confidentiality Determinations for Hazardous Waste Export and
Import Documents
CL240: Safe Management of Recalled Airbags
CL241: Management Standards for Hazardous Waste Pharmaceuticals and
Amendment to the P075 Listing for Nicotine
CL242: Universal Waste Regulations: Addition of Aerosol Cans
SCC E-Manifest: Special Consolidated Checklist for the Hazardous Waste
Electronic Manifest Rules
H. Where are the revised State rules different from the Federal rules?
When revised state rules differ from the Federal rules in the RCRA
state authorization process, EPA determines whether the state rules are
equivalent to, more stringent than, or broader in scope than the
federal program. Pursuant to Section 3009 of RCRA, 42 U.S.C. 6929,
state programs may contain requirements that are more stringent than
the federal regulations. Such more stringent requirements can be
federally authorized and, once authorized, become federally
enforceable. Although the statute does not prevent states from adopting
regulations that are broader in scope than the federal program, states
cannot receive federal authorization for such regulations, and they are
not federally enforceable. The most significant differences between the
New Hampshire rules and the federal rules are highlighted and
summarized in the Table 1 below. It should be noted that
[[Page 55389]]
this summary does not describe every difference, nor every detail
regarding the differences that are described. Members of the regulated
community are advised to read the complete regulations to ensure that
they understand their compliance responsibilities.
1. More Stringent Provisions
There are aspects of the New Hampshire program which are more
stringent than the federal program. These requirements would become
part of New Hampshire's authorized program and would be federally
enforceable. All of these more stringent requirements are, or will
become, part of the federally enforceable RCRA program when authorized
by the EPA and must be complied with in addition to the State
requirements which track the minimum federal requirements. These more
stringent requirements are identified as MS in the Table 2 below.
2. Broader-in-Scope Provisions
There are aspects of the New Hampshire program that are broader-in-
scope than the federal program. These broader-in-scope requirements do
not become part of the authorized program and EPA cannot enforce them.
Regulated entities must comply with these requirements in accordance
with State law. These broader-in-scope requirements are identified as
BIS in the Table 2 below.
3. Partially Broader-in-Scope
There are aspects of the New Hampshire program that are partially
broader-in-scope than the federal program. These partially broader-in-
scope requirements are the result of New Hampshire not adopting certain
portions of the regulations. These partially broader-in-scope
requirements are not part of the authorized program and EPA cannot
enforce them. However, the parts of the regulations which are not
partially broader-in-scope are part of the federally enforceable RCRA
program. Regulated entities must comply with these requirements in
accordance with State law. These broader-in-scope requirements are
identified as Partially BIS in the Table 2 below.
4. Different But Equivalent Provisions
New Hampshire also has some regulations that differ from, but have
been determined to be equivalent to, the federal regulations. These
state regulations will become part of the federally enforceable RCRA
program when authorized by the EPA. These different but equivalent
requirements are identified as EQ in the Table 2 below.
5. There are certain federal requirements that EPA cannot delegate
to the States, although New Hampshire has adopted these requirements by
reference, EPA would continue to implement those requirements. These
requirements are identified in the Table 2 below.
Table 1--New Hampshire's Equivalent Analogs to the Federal Requirements
------------------------------------------------------------------------
Description of
Federal requirements checklist No. and Analogous State
Federal requirement authority
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CL 86: Removal of Strontium 56 FR 7567-7568; 402.04(d);
Sulfide from the List of February 25, 1991. 405.02(b).
Hazardous Wastes; Technical
Amendment.
CL 125: Boilers and 58 FR 38816-38884; 401.06(l).
Industrial Furnaces; July 20, 1993.
Changes for Consistency
with New Air Regulations.
CL 144: Removal of Legally 60 FR 33912-33915; 102.01;
Obsolete Rules. June 29, 1995. 304.02(a)(6);
304.10; 304.10(a);
304.02(f);
304.02(f)(1).
CL193: Change of Official 66 FR 34374-34376; 104.58; 401.06(k);
EPA Mailing Address. June 28, 2001. Appendix B.
CL 209: Universal Waste 70 FR 45508-45522; 104.12; 104.76;
Rule: Specific Provisions August 5, 2005. 104.76(c);
for Mercury Containing 701.02(a)(13);
Equipment. 1202.02(d);
303.02(i); 1101.02;
1111.01; 401.01;
1111.02(a)-(c);
1101.03(a);
1101.03(c) and (f);
1101.03(e);
1102.03(b);
1111.03;
1102.03(c);
1111.03(a)-(b);
1102.03(c);
1111.03(d)-(e);
1111.03(d)(1)-(2);
1111.03(f);
1111.03(f)(1)-(2);
1111.03(g);
1111.04;
1104.03(b)(1).
CL 213: Burden Reduction 71 FR 16862-16915; 202.04(a)(4);
Initiative. April 4, 2006. 401.03(a)(12);
401.03(b)(14);
708.02(a)(4)-(5);
708.02(a)(10);
705.01(b)-(c);
705.01(c)(1)-(6);
705.01(b)(6);
705.01(b)(10);
708.02(a)(11)-(13);
708.03(d)(1)-(2);
708.03(d)(4)-(8);
708.03(d)(10);
707.03(a)(4)-(5);
707.03(a)(9)-(12);
707.04(b)-(g);
707.04(k)-(l);
1202.01; 304.11;
202; 304.11(a)(9);
304.25.
CL214: Corrections to Errors 71 FR 40254-40280; 103.77; 104.28;
in the Code of Federal July 14, 2006. 104.76; 104.80;
Regulation. 808.06(a)-(b);
803.03(a)(1);
401.01(d)-(e);
401.03(b)(6);
401.03(b)(6)a;
401.03(b)(9);
401.03(b)(14);
804.02(b)-(c);
804.02(e)-(f);
804.01(b)(4);
403.03(b)(3)-(4);
403.06(c)-(d);
402.06(a)-(b);
402.07(a);
402.04(b);
402.05(b);
402.01(b);
405.02(b);
803.03(b)(5)a;
501.02(a); 512.03;
510.06(a);
701.02(a)(6); RSA
147-A:13;
708.02(a)(2);
708.02(a)(6);
302.04; 103.01;
702.10;
708.02(a)(11)-(13);
708.03(d)(1)-(10);
705.01(c)(1)e;
705.01(c)(1)f;
701.02(a)(6);
707.03(a)(1);
707.03(a)(3);
707.03(a)(5);
707.03(a)(7);
707.03(a)(9);
702.10;
707.03(a)(10)-(12);
707.04(b)-(g);
707.04(j)-(l);
707.03(a)(6);
707.04; 801.02(d);
809.01-809.04;
102.01; 1202.01;
509.05; 707.05;
708.04; 301; 303;
304; 304.03;
303.02(k); 104.22;
104.37;
304.11(a)(9);
304.10(d);
304.11(a)(1);
304.11; 304.24(d);
304.26(f); 304.25;
304.02(a)(7) &
(f)(3); 104.76;
1102.03(b);
1110.04; 1110.06;
1109.04, 102.02(a)
and (b)(1);
1202.02(a)(1)-(3)
and (b)(8);
304.02(a).
[[Page 55390]]
CL223: Hazardous Waste 75 FR 12989-13009; 104.34; 803.01;
Technical Corrections and 75 FR 31716-31717; 804.02(a);
Clarifications. March 18, 2010, 804.02(c);
June 4, 2010. 401.03(b); 802.02;
804.01(b)(3);
401.03(b)(21);
401.03(d)-(e);
404.04;
401.03(d)(1);
401.03(d)(3);
403.05(b)(8);
402.02; 503.03(d);
402.06(a);
402.07(a);
402.05(b);
402.01(b);
501.02(a); 101.02;
511.02(b);
511.02(b)(1)-(2);
511.02(b)(2)b;
511.02(b)(2)a;
511.02(b)(3);
511.02(d);
512.01(a)(1);
512.04; 511.01(c)-
(d); 511.02(e);
511.02(e)(1)-(2);
511.01(e); 104.67;
304.11;
601.01(b)(2)-(3);
701.01(a);
708.02(a)(10);
704.01;
708.03(d)(6);
707.03(a)(9);
707.04(g);
805.01(c)-(d);
808.05; 809.04(b);
1202.01; 304.06(a);
304.06(a)(1);
304.06(a)(3)-(5).
CL228: Hazardous Waste 77 FR 22229-22232; 402.07(a);
Technical Corrections and April 13, 2012. 805.01(d).
Clarifications.
CL236: Imports and Exports 81 FR 85696-85729, 102.01; 501.03(c);
of Hazardous Waste. 82 FR 41015-41016; 510.06(b);
November 28, 2016, 401.03(b)(13)-(14);
August 29, 2017. 401.03(b)(36);
510.06;
601.01(b)(5);
703.01;
705.01(b)(1); 804;
808.02(e);
808.03(e);
809.03(c); 809.05;
1101.02(c);
1102.08(a);
1106.07(a)-(b);
1102.08(b);
501.01(c);
504.01(g);
504.02(g);
512.03(a)(1)-(3);
512.04(a) and
(c)(4); 103.45;
103.56; 103.75;
512.03(b);
601.01(a);
604.01(d);
604.01(a); 703.01;
709.01(c);
804.02(e); 808.01;
808.02(a)-(b);
808.03(a)-(b);
808.04(a)(1)-(3);
804.02(f); 809.01;
809.05; 809.06;
1109.01(b);
1104.05(a)-(b);
1107.03(a)-(b);
1101.02(b)-(c);
1101.02(b)(1)-(3);
708.02(a)(1);
707.03(a)(1); and
1104.06(a)-(b).
CL238: Determinations for 82 FR 60894-60901; 203.02; 203.03(d);
Hazardous Waste Export and December 26, 2017. 1102.08(b);
Import Documents. 1106.07(b);
401.03(b)(36);
510.06;
601.01(b)(5);
705.01(b)(1);
808.02(e);
808.03(e);
808.04(a)(3);
809.03(c); 809.05;
1101.02(c);
1102.08(a);
1106.07(a).
CL240: Safe Management of 83 FR 61552-61563; 401.02(a);
Recalled Airbags. November 30, 2018. 401.02(b);
401.02(c);
401.03(k);
401.03(k)(1)-(4);
401.03(k)(5);
401.03(l)(1);
401.03(l)(2)-(3).
CL241: Management Standards 84 FR 5816-5950; 401.03(d)(4);
for Hazardous February 22, 2019. 401.03(b)(21) &
Pharmaceuticals and (d); 402.04(a)(2);
Amendment to the P075 402.05(a)(2);
Listing for Nicotine. 402.04(b);
501.02(i);
501.01(d);
501.02(j) & (k);
503.03(a)(11);
511.01(g)(1);
511.01(g)(2);
701.02(a)(15);
1302.01; 103.49;
103.67; 103.69;
1302.02(a)(1);
1302.02(a)(2);
104.08; 104.19;
104.30; 104.33;
104.43; 501.01(e);
1302.02(b)(1);
1302.02(b)(2);
1302.02(b)(3);
1302.02(b)(4);
1302.02(c)(1)-(9);
1302.02(d)(1)-(3);
1302.02(e)(1)-(5);
1302.02(f);
1302.02(g);
1302.02(h)(1)-(2);
1302.02(i)(1)-(3);
1302.02(j)(1)-(10);
1202.01; 303.02(n);
1108.01(a);
1108.01(c).
CL242: Universal Waste 84 FR 67202; 103.07; 104.76(c);
Regulations: Addition of December 9, 2019. 104.76(d);
Aerosol Cans. 104.76(g); 104.77;
701.02(a)(13);
1202.02(d);
303.02(i);
1110.01(b); 1115;
1115.01; 401.01;
1115.02; 1115.02(a)-
(b); 1101.03(c) and
(f); 104.29;
1101.03(e);
1102.03(b);
1115.03(a)-(c);
1115.03(d)(1)-(10);
1115.03(e);
1115.04;
1104.03(b)(1).
Special Consolidated 79 FR 7518; February 203; 203.02;
Checklist for the Hazardous 7, 2014, and 83 FR 203.03(c);
Waste Electronic Manifest 420; January 3, 101.05(a)-(b);
Rules (Checklists 231 and 2018. 102.02(b)(2);
239). 103.39; 103.40;
104.10; 102.01;
510.01(a);
510.04(d);
510.02(c)(1);
604.01(a); 606.01;
604.01(e);
703.01(a);
703.02(c).
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Table 2--New Hampshire's More Stringent/Broader in Scope Analogs to the Federal Requirements
----------------------------------------------------------------------------------------------------------------
Description of checklist
Federal requirements number and federal Analogous state authority
requirement
----------------------------------------------------------------------------------------------------------------
70 FR 45508-45522; August 5, 2005
----------------------------------------------------------------------------------------------------------------
CL 209: Universal Waste Rule: Specific 273.9...................... 1101.03(c) and (f)--NH requires a UW
Provisions for Mercury Containing handler who accumulates 20,000 kg or
Equipment. more to be defined as a ``very large
quantity handler'' and must meet the
additional requirements in 1105. (MS)
273.13(c)(2)(iii) & (iv)... 1111.03(b)(1)--NH requires containers to
meet requirements of 507 instead of 40
CFR pts. 260-272. MS provisions include
labeling, storage on an impervious
surface, secondary containment for
wastes with free liquids if floor drains
are present, requirements for outside
storage, and more (e.g., labeling,
inspections, personnel training,
accumulation time limits) depending on
generator category. In a future
rulemaking, NH will clarify that
containers must meet applicable
requirements of Env-Hw 100-800 and 1200.
(MS).
273.13(c)(2)(vii).......... 1102.03(c).
1111.03(b)(2)--NH requires containers to
meet requirements of 40 CFR pt.
273.13(c)(1) instead of (c)(2)(vii).
(MS).
273.32(b)(5)............... 1104.03(b)(2)--NH requires that a UW
handler notify as a very large quantity
handler if >=20,000 kg is accumulated
and meet the requirements in 1105,
including storage outside the 100-year
floodplain, storage area inspections,
contingency plans and emergency
procedures, preparedness and prevention,
security, closure, and financial
assurance. (MS).
[[Page 55391]]
273.33(c)(2)(iii) & (iv)... 1111.03(b)(1)--NH requires containers to
meet requirements of 507 instead of 40
CFR pts. 260-272. MS provisions include
labeling, storage on an impervious
surface, secondary containment for
wastes with free liquids if floor drains
are present, requirements for outside
storage, and more (e.g., labeling,
inspections, personnel training,
accumulation time limits) depending on
generator category. In a future
rulemaking, NH will clarify that
containers must meet applicable
requirements of Env-Hw 100-800 and 1200.
(MS).
273.33(c)(2)(vii).......... 1102.03(c).
1111.03(b)(2)--NH requires containers to
meet requirements of 40 CFR 273.13(c)(1)
instead of (c)(2)(vii). (MS).
----------------------------------------------------------------------------------------------------------------
71 FR 16862-16915; April 4, 2006
----------------------------------------------------------------------------------------------------------------
CL 213: Burden Reduction Initiative..... 261.4(f)(9)................ 401.03(b)(14)--NH's maximum quantity of
non-acute HW is 250 kg. (MS).
264.56(i).................. 706.02--NH requires cleanup of HW
discharges within 24 hours or submittal
of a cleanup plan if cleanup takes
longer than 24 hours. NH also requires
submittal of a cleanup report within 30
days of completion. (MS)
265.56(i).................. 706.02--NH requires cleanup of HW
discharges within 24 hours or submittal
of a cleanup plan if cleanup takes
longer than 24 hours. NH also requires
submittal of a cleanup report within 30
days of completion. (MS).
270.14(a).................. 304.11.
202 (waivers).
304.11(a)(4)--NH requires a NH registered
PE to prepare and stamp plans. (MS).
----------------------------------------------------------------------------------------------------------------
71 FR 40254-40280; July 14, 2006
----------------------------------------------------------------------------------------------------------------
CL 214: Corrections to Errors in the 260.22(a)(1) and 406--NH is not seeking authority for
Code of Federal Regulations. 260.22(d)(1)(ii). delisting of federally listed waste.
(BIS).
261.3(a)(2)(i)............. 401.01(b)(3)--NH regulates as
characteristic wastes mixtures of HW
with materials that are not solid wastes
(e.g., soils) if the mixture exhibits a
characteristic. (Partially BIS)
401.01(d)--EQ.
401.01(e)--EQ.
261.4(e)(2)(vi) and 401.03(b)(14)--NH's max quantity of non-
261.4(e)(3)(i). acute HW is 250 kg. (MS).
261.31(a)/Table............ 402.06(a) and (b)--NH has clarified the
F006 and F019 listings by specifying the
processes that are included in the
listing based on EPA guidance. (EQ).
402.06(c)--NH lists Used Oil as a generic
process HW with the NH HW number
``NH01.'' (Partially BIS).
261.32/Table ``K069'' entry 402.07(a)--NH has not adopted the
administrative stay for the K069
listing. (Partially BIS).
265.56(b).................. 706.02--NH requires cleanup of HW
discharges within 24 hours or submittal
of a cleanup plan if cleanup takes
longer than 24 hours. NH also requires
submittal of a cleanup report within 30
days of completion. ( MS).
268.50(g).................. 1202.02(l)--NH did not adopt an analog to
this provision. (MS).
270.14(a).................. 304.11.
202 (waivers)--NH requires a NH
registered PE to prepare and stamp
plans. (MIS).
273.13(b) introductory 1102.03(b).
paragraph. 1110.04.
1110.06--NH has additional requirements
for pesticides: storage on impervious
surfaces and away from floor drains and
manholes unless secondary containment is
provided; preparedness and prevention;
security; additional training; and
employee health and safety. (MS).
----------------------------------------------------------------------------------------------------------------
75 FR 12989-13009, 75 FR 31,716-31,717; March 18, 2010, June 4, 2010
----------------------------------------------------------------------------------------------------------------
CL 223: Hazardous Waste Technical 260.10..................... 104.16--NH rules and statutes regulate
Corrections and Clarifications. facilities in existence on July 1, 1980,
instead of November 19, 1980. (BIS).
262.42(c).................. 511.02(e)--EQ.
511.02(c)--NH requires a generator whose
shipment was rejected and returned on a
paper manifest or on an electronic
manifest that was printed for the
generator's signature to submit the
completed manifest within 5 days of
receipt of the shipment. (MS).
262.42(c)(2)............... 511.02(e)(2)--NH requires all generators
to submit exception reports within 45
days. (MS).
263.12..................... 104.67.
304.11.
601.01(b)(2) & (3).
701.01(a)--NH requires a transfer
facility permit. NH has not yet adopted
40 CFR pt. 267. (BIS).
264.56(d)(2) introductory 706.02--NH requires cleanup of HW
text. discharges within 24 hours or submittal
of a cleanup plan if cleanup takes
longer than 24 hours. NH also requires
submittal of a cleanup report within 30
days of completion. (MS).
----------------------------------------------------------------------------------------------------------------
81 FR 85696; November 28, 2016, as amended August 29, 2017 (82 FR 41015) and August 6, 2018 (83 FR 38263)
----------------------------------------------------------------------------------------------------------------
CL 236: Imports and Exports of Hazardous 261.4(e)(1) and 261.4(e)(4) 401.03(b)(14)--NH's maximum quantity of
Waste. non-acute HW is 250 kg. (MS).
[[Page 55392]]
266.70(b).................. 709.01(c), 804.02(e), and 808.01--(EQ).
808.02(c)--NH generators are subject to
certification requirements. (BIS).
808.03(d)--NH's transporters are subject
to registration requirements. (BIS).
----------------------------------------------------------------------------------------------------------------
83 FR 61552; November 30, 2018
----------------------------------------------------------------------------------------------------------------
CL240: Safe Management of Recalled 262.14(a)(5)(xi)........... 503.01
Airbags. 508--NH has not adopted an exemption for
generators of <100 kg/mo. (MS).
----------------------------------------------------------------------------------------------------------------
84 FR 5816; February 22, 2019
----------------------------------------------------------------------------------------------------------------
CL 241: Management Standards for 261.4(a)(1)(ii)............ NH has not adopted this exclusion. (BIS)
Hazardous Waste Pharmaceuticals and 262.14(a)(5)(ix)........... 511.01(g)(1)--(EQ)
Amendment to the P075 Listing for 503.01,508--NH has not adopted an
Nicotine. exemption for generators of <100 kg/mo.
(MS).
262.14(a)(5)(x)............ 511.01(g)(2)--(EQ).
503.01,508--NH has not adopted an
exemption for generators of <100 kg/mo.
(MS).
266.501(a)................. 501.01(e).
1302.02(b)(1)--NH bases generator
category on both HW generation and
accumulation. (MS).
266.501(b)................. 501.02(j) & (k).
1302.02(b)(1)--NH bases generator
category on both HW generation and
accumulation. (MS).
266.502(a)(1)(i)-(ii)...... 1302.02(c)(1)--NH requires notification
within 60 days. (MS).
266.502(a)(2).............. 1302.02(c)(1)--NH requires VSQGs to
notify and provide waste numbers on
notification forms. (MS).
266.502(h)................. 1302.02(c)(3)--NH requires healthcare
facilities (HFs) to submit a manifest
copy within 5 days if rejected shipment
involves a paper manifest or an
electronic manifest printed for HF's
signature. (MS).
266.502(i)................. 1302.02(c)(4)--NH requires a quarterly
report that includes data required by
EPA's biennial report plus additional
info. (MS)
NH assesses fees on non-recycled HW
shipped offsite. (BIS).
266.502(j)(1).............. 1302.02(c)(5)--NH requires HFs who use a
paper manifest to keep both the
generator copy and facility copy unless
using e-manifest system for
recordkeeping. (MS).
NH requires that for electronic manifests
printed for HF's signature, HF must keep
signed paper copy. For paper manifests,
HF with e-manifest system access must
keep signed paper copy until receipt by
designated facility is verified in the
system. (EQ).
266.504(b)(2).............. 1302.02(e)(3)--NH requires the receiving
FQG to provide the NHSQG's EPA ID#.
(MS).
266.504(d)................. 1302.02(e)(6)--NH requires LTCFs with 20
beds or fewer to determine Subpart P
applicability by determining their
generator category.(MS).
266.508(a)(2).............. 1302.02(i)(1)--NH requires HFs and
reverse distributors (RDs) who use a
paper manifest or an electronic manifest
printed for HF/RD's signature to submit
copy to DES within five days. HF/RDs
must keep both the generator copy and
facility copy unless using e-manifest
system for recordkeeping. (MS).
NH requires for electronic manifests
printed for HF/RD's signature, HF/RD
must keep signed paper copy. For paper
manifests, HF/RD with e-manifest system
access must keep signed paper copy until
receipt by designated facility is
verified in the system. (EQ).
266.510(c)(7).............. 1302.02(j)(5)--NH requires RD to submit
manifest copy within five days if
rejected shipment involves a paper
manifest or an electronic manifest
printed for RD's signature. (MS)
266.510(c)(9).............. 1302.02(j)(7)--NH requires a quarterly
report that includes data required by
EPA's biennial report plus additional
info. (MS).
NH assesses fees on non-recycled HW
shipped offsite. (BIS).
266.510(c)(10)(ii)......... 1302.02(j)(8)--NH requires RDs using a
paper manifest to keep both the
generator copy and facility copy unless
using e-manifest system for
recordkeeping. (MS).
NH requires for electronic manifests
printed for RD's signature, RD must keep
signed paper copy. For paper manifests,
RD with e-manifest system access must
keep signed paper copy until receipt by
designated facility is verified in the
system. (EQ).
----------------------------------------------------------------------------------------------------------------
84 FR 67202; December 9, 2019
----------------------------------------------------------------------------------------------------------------
CL 242: Universal Waste Regulations: 273.9 ``Large quantity 1101.03(c) and (f)--In NH a UW handler
Addition of Aerosol Cans. handler of universal who accumulates 20,000 kg or more is
waste''. defined as a ``very large quantity
handler'' and must meet the additional
requirements in 1105. NH is applying for
authorization for CL 209. (MS).
273.13(c)(2)(iii)-(iv)..... 1111.03(b)(1)--NH requires containers to
meet requirements of 507 instead of 40
CFR 260-272. MS provisions include
labeling, storage on an impervious
surface, secondary containment for
wastes with free liquids if floor drains
are present, requirements for outside
storage, and more (e.g., labeling,
inspections, personnel training,
accumulation time limits) depending on
generator category. In a future
rulemaking, NH will clarify that
containers must meet applicable
requirements of Env-Hw 100-800 and 1200.
(MS).
[[Page 55393]]
273.33(c)(2)(iii)-(iv)..... 1111.03(b)(1)--NH requires containers to
meet requirements of 507 instead of 40
CFR pts. 260-272. MS provisions include
labeling, storage on an impervious
surface, secondary containment for
wastes with free liquids if floor drains
are present, requirements for outside
storage, and more (e.g., labeling,
inspections, personnel training,
accumulation time limits) depending on
generator category. In a future
rulemaking, NH will clarify that
containers must meet applicable
requirements of Env-Hw 100-800 and 1200.
(MS).
----------------------------------------------------------------------------------------------------------------
79 FR 7518; February 7, 2014, and 83 FR 420; January 3, 2018
----------------------------------------------------------------------------------------------------------------
Special Consolidated Checklist for the 263.20(a) intro, (1)-(9)... 604.01(f)--NH requires transporters to
Hazardous Waste Electronic Manifest notify the generator if post-receipt
Rules (Checklists 231 and 239). manifest corrections are made to paper
manifests or to electronic manifests
that were printed for the generator's
signature. (MS).
264.71(l) intro, (1)-(5)... 703.02(d)--NH requires facilities to
notify the generator if manifest
corrections are made to paper manifests
or to electronic manifests that were
printed for the generator's signature.
(MS).
265.71(l) intro, (1)-(5)... 703.02(d)--NH requires facilities to
notify the generator if manifest
corrections are made to paper manifests
or to electronic manifests that were
printed for the generator's signature.
(MS).
----------------------------------------------------------------------------------------------------------------
EPA cannot delegate certain federal requirements associated with
the federal manifest registry system, the electronic manifest system,
and international shipments (i.e., import and export provisions). New
Hampshire has adopted these requirements and appropriately preserved
the EPA's authority to implement them (See Special Consolidated
Checklist for the Hazardous Waste Electronic Manifest Rules:
102.02(b)(2); 103.39-40; 104.10; 102.01; 510.01(a); 510.02(c);
604.01(a); 203.03(c); 703.01(a), CL214 Corrections to Errors in the
Code of Federal Regulations: 102.02(a); 102.02(b)(1); 1202.02(a)(1),
CL238 Determinations for Hazardous Waste Export and Import Documents:
401.03(b)(36), 510.06, 601.01(b)(5), 705.01(b)(1), 808.02(e),
808.03(e), 808.04(a)(3), 809.03(c), 809.05, 1101.02(c), 1102.08(a), and
1106.07(a), CL236 Imports and Exports of Hazardous Waste).
There are several Federal rules that have been vacated, withdrawn,
or superseded. As a result, authorization of these rules may be moot.
However, for purposes of completeness, these rule checklists are
included here with an explanation as to the rule's status in New
Hampshire. These checklists include: CL 216: Exclusion of Oil-Bearing
Secondary Materials Processed in a Gasification System to Produce
Synthetic Gas (73 FR 57, January 2, 2008); CL 221: Expansion of RCRA
Comparable Fuel Exclusion (73 FR 77954, December 19, 2008); CL 224:
Withdrawal of the Emission Comparable Fuel Exclusion (75 FR 33712, June
15, 2010); and CL 234: Vacatur of the Comparable Fuels Rule and the
Gasification Rule (80 FR 18777, April 8, 2015)--CLs 216, 221, and 224
have been vacated. CL 234 implements the vacatur of these provisions.
New Hampshire did not adopt the exclusions contained in CLs 216, 221,
or 224; therefore, the adoption of CL 234 in New Hampshire would be
inconsequential. New Hampshire's authorized program continues to be
equivalent to and no less stringent than the Federal program without
having to make any conforming changes pursuant to these rule
checklists.
I. Who handles permits after the authorization takes effect?
When the final authorization takes effect, New Hampshire will issue
permits for all the provisions for which it is authorized and will
administer the permits it issues. EPA will continue to administer and
enforce any RCRA and HSWA (Hazardous and Solid Waste Act) permits or
portions of permits that it has issued in New Hampshire prior to the
effective date of this authorization until the State incorporates the
terms and conditions of the federal permits into the State RCRA
permits. EPA will not issue any new permits, or new portions of
permits, for the provisions listed in the Table above after the
effective date of this authorization. EPA will continue to implement,
and issue permits for any HSWA requirements for which New Hampshire is
not yet authorized. EPA has the authority to enforce state-issued
permits after the State is authorized.
J. What is codification and will the EPA codify New Hampshire's
hazardous waste program as authorized in this rule?
Codification is the process of placing citations and references to
the State's statutes and regulations that comprise the State's
authorized hazardous waste program into the Code of Federal
Regulations. EPA does this by adding those citations and references to
the authorized State rules in 40 CFR part 272. EPA is not proposing to
codify the authorization of New Hampshire's changes at this time.
However, EPA reserves the ability to amend 40 CFR part 272, subpart UU
for the authorization of New Hampshire's program at a later date.
K. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action authorizes
State requirements for the purpose of RCRA section 3006 and imposes no
additional requirements beyond those imposed by State law. Therefore,
this action is not subject to review by OMB. This action is not an
Executive Order 14094 (88 FR 21879, April 11, 2023) regulatory action
because actions such as the authorization of New Hampshire's revised
hazardous waste program under RCRA are exempted under Executive Order
12866. Accordingly, I certify that this action will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this action authorizes pre-existing requirements under State law and
does not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates
[[Page 55394]]
Reform Act of 1995 (2 U.S.C. 1531-1538). For the same reason, this
action also does not significantly or uniquely affect the communities
of tribal governments, as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). This action will not have substantial direct
effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely authorizes State requirements as part of the State RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant, and it does not
make decisions based on environmental health or safety risks. This
action is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA section 3006(b), the EPA grants a state's application
for authorization as long as the state meets the criteria required by
RCRA. It would thus be inconsistent with applicable law for the EPA,
when it reviews a state authorization application, to require the use
of any particular voluntary consensus standard in place of another
standard that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in taking this action, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of this action in accordance with
the ``Attorney General's Supplemental Guidelines for the Evaluation of
Risk and Avoidance of Unanticipated Takings'' issued under the
executive order. This action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this action authorizes pre-
existing State rules which are at least equivalent to, and no less
stringent than existing federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
this rule is not subject to Executive Order 12898.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: August 8, 2023.
David W. Cash,
Regional Administrator, U.S. EPA Region 1.
[FR Doc. 2023-17387 Filed 8-14-23; 8:45 am]
BILLING CODE 6560-50-P
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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.