Rule2024-19036
Rhode Island: Final Authorization of State Hazardous Waste Management Program; Revisions and Corrections
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 29, 2024
Effective
October 28, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The State of Rhode Island Department of Environmental Management (RIDEM) 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 Rhode Island's application and has determined that Rhode Island's hazardous waste program revision satisfies all of the requirements necessary to qualify for final authorization. Additionally, this document corrects errors made in the State authorization citations published in the March 12, 1990, March 5, 1992, October 2, 1992, and August 9, 2002 Federal Register. The EPA is authorizing the State program revisions through this final action. In the "Proposed Rules" section of this 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 Rhode Island's revisions to its hazardous waste program will take effect.
Full Text
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<title>Federal Register, Volume 89 Issue 168 (Thursday, August 29, 2024)</title>
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[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Rules and Regulations]
[Pages 70109-70114]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19036]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R01-RCRA-2023-0612; FRL 11619-02-R1]
Rhode Island: Final Authorization of State Hazardous Waste
Management Program; Revisions and Corrections
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action.
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SUMMARY: The State of Rhode Island Department of Environmental
Management (RIDEM) 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 Rhode Island's application and has
determined that Rhode Island's hazardous waste program revision
satisfies all of the requirements necessary to qualify for final
authorization. Additionally, this document corrects errors made in the
State authorization citations published in the March 12, 1990, March 5,
1992, October 2, 1992, and August 9, 2002 Federal Register. The EPA is
authorizing the State program revisions through this final action. In
the ``Proposed Rules'' section of this 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 Rhode Island's revisions to its hazardous waste program
will take effect.
DATES: This final authorization is effective on October 28, 2024,
unless the EPA receives adverse written comment by September 30, 2024.
Should the EPA receive such comments, it will publish a timely document
either: withdrawing the final action or affirming the publication and
responding to comments.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2023-0612, 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 visithttps://
<a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Liz McCarthy or Joe Hayes, RCRA Waste
Management and Lead Branch; Land, Chemicals, and Redevelopment
Division; U.S. EPA Region 1, 5 Post Office Square, Suite 100 (Mail code
07-1), Boston, MA 02109-3912; phone: (617) 918-1447 or (617) 918-1362;
email: <a href="/cdn-cgi/l/email-protection#432e20202231372b3a6d2f2a39032633226d242c35"><span class="__cf_email__" data-cfemail="c8a5ababa9babca0b1e6a4a1b288adb8a9e6afa7be">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#682009110d1b4622071b0d1800280d1809460f071e"><span class="__cf_email__" data-cfemail="d199b0a8b4a2ff9bbea2b4a1b991b4a1b0ffb6bea7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 70110]]
I. Authorization of Revisions to Rhode Island's Hazardous Waste Program
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 Rhode
Island, including the issuance of new permits implementing those
requirements, until the State is granted authorization to do so.
B. What decisions has the EPA made in this final action?
On September 12, 2023, Rhode Island submitted a complete program
revision application seeking authorization of revisions to its
hazardous waste program. The EPA concludes that Rhode Island's
application to revise its authorized program meets all of 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 Rhode Island to operate its hazardous
waste program with the revisions described in its authorization
application, and as listed below in section G of this document.
The Rhode Island Department of Environmental Management (RI DEM)
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?
If the State of Rhode Island is authorized for these changes, a
facility in Rhode Island subject to RCRA will now have to comply with
the authorized State requirements instead of the equivalent Federal
requirements in order to comply with RCRA. Additionally, such
facilities will have to comply with any applicable Federal requirements
such as, for example, HSWA regulations issued by the EPA for which the
State has not received authorization. The State of Rhode Island 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 or 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 to approve these provisions will not impose additional
requirements on the regulated community because the regulations for
which the State of Rhode Island is requesting authorization are already
effective under State law and are not changed by the act of
authorization.
D. Why is the EPA using a final action?
The EPA is publishing this action without prior proposal because
the EPA views this as a noncontroversial action and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of this
Federal Register, we are publishing a separate document that will serve
as the proposed action 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.
E. What happens if the EPA receives comments opposing this action?
If the EPA receives comments that oppose this authorization, we
will publish a timely withdrawal in the Federal Register informing the
public that this final action will not take effect. We will address all
public comments in a later Federal Register. You will not have another
opportunity to comment. If you want to comment on this action, you must
do so at this time.
F. What has Rhode Island previously been authorized for?
Rhode Island initially received final Authorization on January 30,
1986, effective January 31, 1986 (51 FR 3780) to implement its base
hazardous waste management program. The EPA granted authorization for
revisions to Rhode Island's regulatory program on the following dates:
March 12, 1990, effective March 26, 1990 (55 FR 9128); March 6, 1992,
effective May 5, 1992 (57 FR 8089); October 2, 1992, effective December
1, 1992 (57 FR 45574); August 9, 2002, effective October 8, 2002 (67 FR
51765); December 11, 2007, effective February 11, 2008 (72 FR 70229);
and July 26, 2010, effective September 24, 2010 (75 FR 43409).
Additionally, on July 26, 2010 (75 FR 43478), the EPA granted Rhode
Island final authorization to operate its hazardous waste program with
the changes relating to the Zinc Fertilizer Rule and Burden Reduction
Initiative which became effective on September 24, 2010 (75 FR 57188).
G. What changes is the EPA authorizing with this action?
On June 25, 2024, Rhode Island submitted a final complete program
revision application, seeking authorization of additional revisions to
its program in accordance with 40 CFR 271.21. We now make a final
decision, subject to receipt of written comments that oppose this
action, that Rhode Island's hazardous waste program satisfies all of
the requirements necessary to qualify for final authorization. The
RIDEM revisions consist of regulations which specifically govern
Federal hazardous waste revisions promulgated between July 1, 2008,
through June 30, 2013 (RCRA Clusters XIX through XXII), and the Federal
final rule published July 31, 2013 (78 FR 46448, effective January 31,
2014) (Revision Checklist 229), except as listed below; as well as
State-initiated changes to the State's previously authorized program.
The Rhode Island revisions being authorized in this action include
provisions that contain purely Federal functions which are not
delegable to States. The non-delegable Federal program areas include
import/export requirements reserved as part of the Federal foreign
relations function and manifest registry administered solely by the
EPA. Rhode Island has appropriately adopted these provisions by leaving
the authority with the EPA for implementation and enforcement.
Rhode Island's regulatory references are to Rhode Island Code of
Regulations
[[Page 70111]]
(RICR) Title 250 Department of Environmental Management, Chapter 140
Waste and Materials Management, Subchapter 10 Hazardous Waste, Part 1
Rules and Regulations for Hazardous Waste Management (250-RICR-140-10-
1), as amended effective April 22, 2020. Rhode Island's statutory
authority for its hazardous waste program is based on the Rhode Island
Hazardous Waste Management Act (Rhode Island General Laws Title 23
Health and Safety, Chapter 23--19.1 Hazardous Waste Management).
Therefore, we grant Rhode Island final authorization for the following
changes that are being recognized as no less stringent than the
analogous Federal requirements:
1. Program Revision Changes for Federal Rules
The State of Rhode Island revisions consist of regulations which
specifically govern Federal hazardous waste revisions promulgated from
July 1, 2008, through June 30, 2013 (RCRA Clusters XIX through XXII),
and the Federal final rule published July 31, 2013 (78 FR 46448,
effective January 31, 2014) (Revision Checklist 229); except the final
rules published October 30, 2008 (73 FR 64668, effective December 29,
2008) (Revision Checklist 219), December 1, 2008 (73 FR 72912,
effective December 31, 2008) (Revision Checklist 220), January 8, 2010
(75 FR 1236, effective July 7, 2010) (Revision Checklist 222), and
December 20, 2010 (75 FR 79304, effective March 7, 2011) (Revision
Checklist 226).
Table 1--Rhode Island's Analogs to the Federal Requirements
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Federal citation (40 CFR as of July
1, 2013) Analogous State authority
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1. 40 CFR 124.3, 124.5, 124.6, Title 250 Rhode Island Code of
124.8, 124.10, 124.11, 124.12, Regulations (250-RICR-140-10-1)
124.15, 124.17, 124.19, 124.31 250-RICR-140-10-1.9(C)(2) through
through 124.33. (C)(14).
2. 40 CFR part 260, except 260.30(d) Title 250 Rhode Island Code of
and (e), 260.33, 260.34, 260.42, Regulations (250-RICR-140-10-1)
260.43. 250-RICR-140-10-1.4(B), 1.4(C),
1.5(A) (except State-only terms
authorized as State-initiated
changes in Item G.2 below), 1.6.
(More stringent provisions:
1.4(C)(8) through (C)(13)).
3. 40 CFR part 261, except Sec. 250-RICR-140-10-1.4(B), 1.4(C)
Sec. 261.2(a)(1), (a)(2)(ii), introductory paragraph,
(c)(3), (c) Table, 261.4(a)(23), 1.4(C)(14) through (30),
(a)(24), (a)(25), (b)(7)(ii)(F), 1.5(A)(14), 1.13 (More stringent
(b)(10), (b)(18); subpart H. provisions: 1.4(C)(15) through
(C)(19), (C)(21), (C)(25,
(C)(26), (C)(30), 1.13; Rhode
Island is also more stringent
because the State has not adopted
40 CFR part 261, subpart H,
subjecting those materials to
full regulation.).
4. 40 CFR part 262, except Sec. 250-RICR-140-10-1.7.1 through
Sec. 262.10(l), 262.34(h) and 1.7.4, 1.7.6 through 1.7.14.
(i); subparts E, F, H, and K. (More stringent provisions:
1.7.1(B) through (E), 1.7.2
through 1.7.4, 1.7.8, 1.7.11
through 14; Rhode Island is also
more stringent because the State
has not adopted the Federal
academic labs rule, subjecting
those entities to full
regulation.).
5. 40 CFR part 263, except Sec. 250-RICR-140-10-1.4(B), (D), 1.8.5
263.20(h). through 1.8.7, 1.8.9 through
1.8.15, 1.8.17, 1.8.18, 1.11.
(More stringent provisions:
1.4(D)(1), 1.8.5 through 1.8.7,
1.8.9, 1.8.10 through 1.8.15,
1.8.18, 1.11).
6. 40 CFR part 264, except Sec. 250-RICR-140-10-1.4(B), 1.4(E),
Sec. 264.1(c), (d), (f), (g)(1), 1.10.2(A), 1.17.1, 1.17.3. (More
(g)(4), (g)(12), 264.15(b)(5), stringent provisions:
264.18(a), 264.195(e); subparts AA, 1.10.2(A)(5), (6), (11) through
BB, CC; Sec. Sec. 264.149, (13), (18) through (27), (32),
264.150; appendix VI. (38), (40), (43) through (55),
1.17.1).
7. 40 CFR part 265, except Sec. 250-RICR-140-10-1.4(B), 1.4(F).
265.1(c)(8). (More stringent provisions:
1.4(F)(1)).
8. 40 CFR part 266, except subpart H 250-RICR-140-10-1.4(B), 1.4(G).
(More stringent provisions: Rhode
Island is also more stringent
because the State has omitted an
analog to 40 CFR part 266,
subpart H, as they do not allow
this type of facility in the
State.).
9. 40 CFR part 267.................. No State analogs, see section
1.4(B). (More stringent
provisions: Rhode Island is more
stringent than the Federal
because the State does not allow
this type of permit to be used.).
10. 40 CFR part 268................. No State analogs, see section
1.4(B).
11. 40 CFR part 270, except Sec. 250-RICR-140-10-1.4(B), 1.4(H),
Sec. 270.1(c)(1)(iii), 1.9(B), 1.17.2(A)(1) through (9).
(c)(2)(ii), (c)(2)(ix), (More stringent provisions:
270.10(a)(5), (a)(6), (e)(1)(iii), 1.9(B)(1)(d) first, second,
(l), 270.15(e), 270.16(k), fourth and fifth sentences,
270.17(j), 270.22, 270.24, 270.25, (B)(1)(g), (B)(1)(k), (B)(1)(l),
270.27, 270.60(a), 270.63 through (B)(1)(o), (B)(1)(p), (B)(1)(q),
270.67; subparts I and J; Sec. (B)(1)(t), (B)(1)(u), (B)(1)(v)
Sec. 270.42(l), 270.215(c) and introductory paragraph third
(d). sentence and (B)(1)(v)(1) through
(3), (B)(2) through (20),
(B)(22), (B)(24) through (37),
B(39) through (51), (B)(54),
(B)(56), (B)(58)).
12. 40 CFR part 273, except Sec. 250-RICR-140-10-1.4(B), 1.4(I),
Sec. 273.3(b)(1), 273.4(b)(2), 1.14.1 through 1.14.5. (More
273.5(b)(2), 273.8. stringent provisions:
1.14.5(A)(8) through (A)(10),
(A)(12) through (A)(15), (A)(17,
(A)(18)).
13. 40 CFR part 279................. 250-RICR-140-10-1.16. (More
stringent provisions:
1.16.1(A)(5) through (8),
(A)(12), A)(15), 1.16.2(A)(1),
(A)(4), (A)(5), (A)(7), (A)(8),
1.16.3, 1.16.3(A)(6) Table 3,
1.16.4(A)(1)(a), (d), (e),
(A)(2)(a) and (c), (A)(5),
(A)(7)(d) and (e), (A)(7)(h),
1.1.6(B) and (D), 1.16.7(C)(2),
(D)(1), (E), (F), (G)(1)(b),
(H)(2) through (5), (H)(7)
through (12), (H)(14)(c),
(H)(16), 1.16.8(B) through (E)
and (G) through (J), (U), (V)).
------------------------------------------------------------------------
Additionally, Rhode Island is being authorized for the following
program areas which are particularly regulated by the State; the
regulations for which have been analyzed by the EPA to ensure the Rhode
Island regulations are equally or more protective of human health and
the environment as the Federal regulations, and are neither less
stringent, nor narrower in scope than the Federal program. The EPA has
determined that the State's regulations for the listed programs are
more protective or stricter than the Federal program; thus, these
regulations are within the State's authority to maintain under RCRA
section 3009. To determine whether the State regulations are stricter
and not less stringent than the Federal regulations, the EPA has
compared the State regulations to the Federal regulations, including
examining interpretations that have been made of the Federal
regulations (available in the
[[Page 70112]]
administrative record and in RCRA Online). However, in line with the
national policy: Determining Equivalency of State RCRA Hazardous Waste
Programs, September 7, 2005 (Equivalency Policy), the EPA has not
required that the State follow the same identical approach as the
Federal regulations. Rather, the EPA has focused, ``on whether the
state requirements provide [at least] equal environmental results as
the Federal counterparts.'' Id.
(a) Rhode Island has additional, State-specific conditions which
wastewater treatment units must meet in order to be exempt from the 40
CFR part 264 standards as allowed by 40 CFR 264.1(g)(6). At 250-RICR-
140-10-1.10.2(A)(5), the State allows treatment in an evaporation unit
(as defined by the State at 250-RICR-140-10-1.5(A)(30)) under the
permit exemption under limited circumstances and only when this does
``not allow evaporation of significant amounts of hazardous waste
constituents into the air'' (250-RICR-140-10-1.7.1(C)(5)(e)(7).
At the Federal level, the wastewater treatment unit (WWTU)
exemption has been interpreted to cover many hazardous waste
evaporators. Rhode Island is stricter than this Federal approach in
that it excludes wastewater evaporation units from being covered under
its WWTU exemption. Rather, the State regulates them under its more
protective generator treatment in tanks exemption. Furthermore, Rhode
Island's generator treatment in tanks exemption is more stringent than
the Federal exemption in that it imposes additional requirements
designed to effectively regulate evaporators.
However, there may be some evaporators that do not qualify for the
WWTU exemption at the Federal level. The EPA has concluded that it
should look at the overall RCRA program and assess the effect of the
Rhode Island program with respect to evaporators, broadly. In doing so,
the EPA has concluded that the Rhode Island program is stricter than
any of the Federal requirements with respect to wastewater evaporators.
Rhode Island consistently and strictly regulates all generator
evaporators by imposing hazardous waste management requirements and
comprehensive air emissions regulations, which are administered by the
EPA with respect to the requirements of 40 CFR part 265, subparts AA,
BB, and CC. This approach is stricter across the board than the Federal
approach, and thus should be allowed consistent with the national
Equivalency Policy, which emphasizes that States may take different but
equally or more protective approaches.
The EPA emphasizes that this decision allows non-permitted
evaporation treatment (outside of the WWTU exemption) only in Rhode
Island. Such treatment will be allowed only because it has been
federally authorized as functionally equivalent, and this Federal
authorization is being granted based on the strict requirements adopted
by Rhode Island.
(b) Rhode Island requires that in addition to the Federal
requirement, treatment in tanks and containers must be carried out in a
system where equipment has been designed, engineered, and constructed
so as to protect human health and the environment, and to comply with
all requirements within OSHA standards.
(c) Rhode Island has adopted additional conditions under which the
State regulates shredded circuit boards that are being recycled. At
250-RICR-140-10-1.13 Rhode Island has enacted additional State-specific
requirements for Circuit Board Recycling Operations, including
additional notification requirements. Typically treated as universal
waste in the Federal program, Rhode Island includes these specific
items as a type of State-only waste under RCRA. These items may be
managed as hazardous waste, thereby making the State requirements
broader in scope in this regard and not part of the federally
enforceable State hazardous waste requirements.
(d) At 250-RICR-140-10-1.12 Rhode Island's regulations contain
Requirements for Community Collection Centers and Paint Collection
Centers. The Federal program does not regulate these types of
facilities or wastes, so as such and as described with respect to the
``broader in scope'' policy of EPA, these requirements are being
authorized as State-only and broader in scope than the Federal program
and are not part of the federally enforceable State hazardous waste
requirements. This includes all related State definitions at 250 RICR-
140-10-1.5(A) such as ``architectural paint'' at (A)(5) and ``community
collection center'' at (A)(12).
Finally, there are certain Federal rules within the Rhode Island
incorporation by reference of Federal regulations that have been
vacated or withdrawn. For completeness, these rule checklists are
included below with an explanation as to the rule's status in Rhode
Island. These rules are not part of the State's authorized program.
These checklists include:
Revision Checklist 216: Exclusion of Oil-Bearing Secondary
Materials Processed in a Gasification System to Produce Synthetic Gas
(73 FR 57, January 2, 2008). This Revision Checklist 216 was vacated by
the U.S. Court of Appeals for the District of Columbia Circuit in 2014,
a vacatur that was later codified as Revision Checklist 234, which is
not part of the State's current authorization application package.
Revision Checklist 221: Expansion of RCRA Comparable Fuel Exclusion
(73 FR 77954, December 19, 2008); and Revision Checklist 224:
Withdrawal of the Emission Comparable Fuel Exclusion (75 FR 33712, June
15, 2010). Revision Checklist 221 introduced an expansion of the
comparable fuel exclusion which was later withdrawn in its entirety by
Revision Checklist 224; thus, it is appropriate to not authorize the
State for this pair of Federal final rules which cancel each other out.
Rhode Island'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, as explained
above.
2. State-Initiated Changes
Rhode Island has made amendments to its regulations that are not
directly related to any of the Federal rules addressed in Item G.1.
above. These State-initiated changes are either conforming changes made
to existing authorized provisions, or the adoption of provisions that
clarify and make the State's regulations internally consistent. For
example, after the 2010 authorization, Rhode Island significantly
altered the structure and numbering of the State's hazardous waste
regulations, replacing the numbering system and making conforming
changes to all necessary internal references, which does not affect the
authorization of the State's hazardous waste program. The State's
regulations, as amended by these provisions, provide authority which
remains equivalent to and no less stringent than the Federal laws and
regulations. These State-initiated changes are submitted under the
requirements of 40 CFR 271.21(a) and include the following provisions
from the Rhode Island Code of Regulations (250-RICR-140-10), as amended
effective April 22, 2020: 250-RICR-140-10-1..4(A), 1.4(C), 1.5(A)(5),
(A)(12), (A)(20), (A)(30), (A)(44), (A)(45), (A)(73).
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, the EPA
[[Page 70113]]
determines whether the State rules are equivalent to, more stringent
than, or broader in scope than the Federal program. Pursuant to RCRA
section 3009, 42 U.S.C. 6929, State programs may contain requirements
that are more stringent than the Federal regulations. Such more
stringent requirements can be federally authorized and, once
authorized, become federally enforceable. Although the statute does not
prevent States from adopting regulations that are broader in scope than
the Federal program, States cannot receive Federal authorization for
such regulations, and they are not federally enforceable.
1. Broader in Scope Provisions
Rhode Island's hazardous waste program contains certain provisions
that are broader than the scope of the Federal program. These broader
in scope provisions are not part of the program the EPA is proposing to
authorize. The EPA cannot enforce requirements that are broader in
scope, although compliance with such provisions is required by State
law. Newly added broader in scope provisions in Rhode Island's program
include:
(a) At 250-RICR-140-10-1.5(A)(82) the State lists additional State-
only hazardous wastes that are beyond the Federal definition of
hazardous waste found at 40 CFR 261.3 and known as ``Rhode Island
Wastes.'' These additional wastes include polychlorinated biphenyls
(PCBs) and chemotherapy waste. As part of this authorization the State
has added a new subsection at 1.5(A)(82)(a)(3)(DD) to include certain
drugs that Rhode Island will classify as ``extremely hazardous waste.''
(b) Rhode Island excludes from its incorporation by reference
several waste items that are excluded from the Federal definition of
solid waste at 40 CFR 261.2, thereby regulating these waste items as
State-only hazardous wastes. When substances are regulated as hazardous
waste by the State, such as those listed at 250-RICR-140-10-1.4(C)(20)
and 1.4(C)(22), the State program is broader in scope than the Federal
program.
(c) At 250-RICR-140-10-1.4(C)(23) and 1.4(C)(29) Rhode Island
regulates manufactured gas plant waste as hazardous waste in certain
circumstances, expanding the universe of hazardous waste regulated by
the State.
(d) At 250-RICR-140-10-1.12 Rhode Island regulates a category of
State-only facilities, ``Community Collection Centers and Paint
Collection Centers,'' which is broader in scope than the Federal
program, including facility specific limitations such as the exclusion
for architectural paint received by Paint Care Centers from specific
generators as described at 250-RICR-140-10-1.7.6(B)(4).
2. More Stringent Provisions
Rhode Island's hazardous waste program contains several types of
provisions that are more stringent than the Federal RCRA program. More
stringent provisions are part of a federally authorized program and are
therefore federally enforceable. Under this action, the EPA will
authorize every provision in Rhode Island's program revision that is
more stringent. Provisions identified in the State's program revision
as more stringent are noted in Table 1. These provisions are more
stringent for the following reasons:
(a) Rhode Island has several requirements applicable to generators
of hazardous waste that are more stringent than the Federal
requirements at 40 CFR 262.10, including requirements for the
management of household hazardous waste and the State's exclusion of
the academic lab rule at 250-RICR-140-10-1.7.1(B)-(E), as well as
additional requirements for farmers and laboratories.
(b) The State's application of additional storage and
transportation requirements, accumulation time limits, exemptions, and
recordkeeping such as those found at 250-RICR-140-10.1.7.1 through
1.7.14 including notification, marking, and manifest requirements for
CESQGs result in the State program being more stringent than the
Federal program.
(c) At 250-RICR-140-10-1.4(D)(1) Rhode Island limits the onsite
storage of manifested waste in containers at a transfer facility to 72
hours before additional regulation applies while the Federal program
allows this period to extend up to ten (10) days.
(d) At 250-RICR-140-10-1.8 Rhode Island has State-only transport,
storage and handling requirements that impose greater restrictions than
those found in the Federal requirements at 40 CFR part 263, subparts B
and C.
I. Who handles permits after the authorization takes effect?
Rhode Island will continue to issue permits covering all the
provisions for which it is authorized and will administer the permits
it issues. The EPA will continue to administer and enforce any RCRA and
HSWA permits or portions of permits that the EPA issued prior to the
effective date of this authorization in accordance with the signed
Memorandum of Agreement, dated September 30, 2021, which is included
with this program revision application. Until such time as formal
transfer of the EPA permit responsibility to Rhode Island occurs and
the EPA terminates its permit, the EPA and Rhode Island agree to
coordinate the administration of permits in order to maintain
consistency. The EPA will not issue any new permits or new portions of
permits for the provisions listed in section G after the effective date
of this authorization. The EPA will continue to implement and issue
permits for HSWA requirements for which Rhode Island is not yet
authorized.
J. How would this action affect Indian Country (18 U.S.C. 115) in Rhode
Island?
Rhode Island has not applied for and is not authorized to carry out
its hazardous waste program in Indian country within the State, which
includes the land of the Narragansett Indian Tribe. Therefore, this
action has no effect on Indian country. The EPA retains jurisdiction
over Indian country and will continue to implement and administer the
RCRA program on these lands.
K. What is codification and will the EPA codify Rhode Island's
hazardous waste program as authorized in this final 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 CFR. The EPA does this by
referencing the authorized State rules in 40 CFR part 272. The EPA is
not codifying the authorization of Rhode Island's revisions at this
time. However, the EPA reserves the ability to amend 40 CFR part 272,
subpart OO, for the authorization of Rhode Island's program at a later
date.
II. Corrections
Past Rhode Island authorization Federal Register notifications
contain typographical errors and omissions for some of the rule
checklists/provisions included in the EPA's authorization decision for
State program revisions. The EPA is correcting these omissions with
this authorization. The provisions in these checklists continue to be
part of Rhode Island's authorized program.
A. Corrections to the March 12, 1990 (55 FR 9128) Proposed
Authorization Document
There was an error in the citation for Revision Checklist 2 in
``Table 1--Provisions Covered by this Program
[[Page 70114]]
Authorization Revision.'' The entry should be corrected to read: Permit
Rules: Settlement Agreement (48 FR 39611, September 1, 1983) (Revision
Checklist 2).
B. Corrections to the March 5, 1992 (57 FR 8089) Immediate Final Rule
The following items were inadvertently omitted from ``Table 1--
Provisions Covered by this Program Authorization Revision'' and should
be added to the end of the Table.
1. HSWA Codification Rule: Double Liners (50 FR 28702, July 15,
1985) (Revision Checklist 17H).
2. HSWA Codification Rule: Ground-water Monitoring (50 FR 28702,
July 15, 1985) (Revision Checklist 17I).
3. HSWA Codification Rule: Interim Status (50 FR 28702, July 15,
1985) (Revision Checklist 17P).
4. HSWA Codification Rule: Research and Development Permits (50 FR
28702, July 15, 1985) (Revision Checklist 17Q).
C. Corrections to the October 2, 1992 (57 FR 45574) Immediate Final
Rule
The following items were inadvertently omitted from ``Table 1--
Provisions Covered by this Program Authorization Revision'' and should
be added to the end of the Table.
1. Biennial Report Correction (51 FR 28556, August 8, 1986)
(Revision Checklist 30).
2. Closure/Post-closure Care for Interim Status Surface
Impoundments (52 FR 8704, March 19, 1987) (Revision Checklist 36).
3. Amendments to Part B Information Requirements for Land Disposal
Facilities (52 FR 23447, June 22, 1987, as amended September 9, 1987,
at 52 FR 33936) (Revision Checklist 38).
D. Corrections to the August 9, 2002 (67 FR 51768) Immediate Final Rule
The following items were inadvertently omitted from the table of
provisions included as part of the authorization and should be added to
the end of the Table.
1. Permit Modification for Hazardous Waste Management Facilities
(53 FR 37912, September 28, 1988, as amended October 24, 1988, at 53 FR
41649) (Revision Checklist 54).
2. Statistical Methods for Evaluating Groundwater Monitoring Data
from Hazardous Waste Facilities (53 FR 39720, October 11, 1988)
(Revision Checklist 55).
3. Changes to Interim Status Facilities for Hazardous Waste
Management Permits; Modification of Hazardous Waste Management Permits;
Procedures for Post-Closure Permitting (54 FR 9596, March 7, 1989)
(Revision Checklist 61).
III. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Orders 12866 (58 FR 51735, October
4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action
authorizes State requirements for the purpose of RCRA section 3006 and
imposes no additional requirements beyond those imposed by State law.
Therefore, this action is not subject to review by OMB. Accordingly, I
certify that this action will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this action authorizes pre-existing
requirements under State law and does not impose any additional
enforceable duty beyond that required by State law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(2 U.S.C. 1531-1538). For the same reason, this action also does not
significantly or uniquely affect the communities of tribal governments,
as 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 rulemaking 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).
David W. Cash,
Regional Administrator, U.S. EPA Region 1.
[FR Doc. 2024-19036 Filed 8-28-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on August 29, 2024.
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.