Rule2025-09302
Alabama: 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
May 23, 2025
Effective
July 22, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking direct final action on the authorization of changes to Alabama's hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. These changes were outlined in a July 11, 2024, application to the EPA. We have determined that these changes satisfy all requirements needed for final authorization.
Full Text
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<title>Federal Register, Volume 90 Issue 99 (Friday, May 23, 2025)</title>
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[Federal Register Volume 90, Number 99 (Friday, May 23, 2025)]
[Rules and Regulations]
[Pages 22016-22021]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09302]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2025-0146; FRL-12697-02-R4]
Alabama: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action on the authorization of changes to Alabama's hazardous
waste program under the Resource Conservation and Recovery Act (RCRA),
as amended. These changes were outlined in a July 11, 2024, application
to the EPA. We have determined that these changes satisfy all
requirements needed for final authorization.
DATES: This authorization is effective on July 22, 2025 without further
notice unless the EPA receives adverse comment by June 23, 2025. If the
EPA receives adverse comment, we will either publish a timely
withdrawal of this direct final action in the Federal Register
informing the public that the authorization will not take effect, or we
will publish a notification containing a response to comments that
either reverses the decision or affirms that the final action will take
effect. In the event that the final action is withdrawn, we would
address all public comments and make a final decision on authorization
in a subsequent final action.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2025-0146, 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 and lists all publicly
available docket materials electronically at <a href="http://www.regulations.gov">www.regulations.gov</a>. If
you are unable to make electronic submittals or require alternative
access to docket materials, please notify Jennifer Vogel through the
provided contacts in the FOR FURTHER INFORMATION CONTACT section.
Please also contact Jennifer Vogel 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.
FOR FURTHER INFORMATION CONTACT: Jennifer Vogel; 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-
8462; fax number: (404) 562-9964; email address:
<a href="/cdn-cgi/l/email-protection#d1a7beb6b4bdffbbb4bfbfb8b7b4a391b4a1b0ffb6bea7"><span class="__cf_email__" data-cfemail="a5d3cac2c0c98bcfc0cbcbccc3c0d7e5c0d5c48bc2cad3">[email protected]</span></a>.
[[Page 22017]]
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 adverse comments, we will either withdraw this
action by publishing a document in the Federal Register before the
action becomes effective, or we will publish a notice containing a
response to comments that either reverses the decision or affirms that
the final action will take effect. In the event that the final action
is withdrawn, the EPA would base any further decision on the
authorization of the State's program changes on the proposal mentioned
in the previous paragraph and after consideration of all comments
received during the comment period. We would then address all public
comments and make a final decision on authorization in a subsequent
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 Title 40 of the 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
shall have the authority to implement those requirements and
prohibitions in Alabama, 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?
Alabama submitted a complete program revision application (PRA),
dated July 11, 2024, seeking authorization of changes to its hazardous
waste program corresponding to certain Federal rules promulgated
between July 1, 2013 and June 30, 2022 (including RCRA Cluster \1\
XXIII (Checklist \2\ 231), RCRA Cluster XXIV (Checklist 233 (A, B, C,
D2, E)), RCRA Cluster XXV (Checklists 236 and 237), RCRA Cluster XXVI
(Checklists 238 and 239), RCRA Cluster XXVII (Checklists 240 and 241),
RCRA Cluster XXVIII (Checklist 242), RCRA Cluster XXIX (Checklist 243),
and RCRA Cluster XXX (Checklist 244). The EPA concludes that Alabama'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 Alabama final authorization to operate its
hazardous waste program with the changes described in the PRA, and as
outlined below in section VI of this document.
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\1\ A ``cluster'' is a grouping of hazardous waste rules that
the EPA promulgates from July 1st of one year to June 30th of the
following year.
\2\ A ``checklist'' is developed by the EPA for each Federal
rule amending the RCRA regulations. The checklists document the
changes made by each Federal rule and are presented and numbered in
chronological order by date of promulgation.
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Alabama has responsibility for permitting treatment, storage, and
disposal facilities within its borders (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 PRA, 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
Alabama's PRA as outlined below and in section VI of this document will
become part of the authorized State hazardous waste program and will
therefore be federally enforceable. Alabama 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 Alabama are already effective under State law and are not
changed by this action.
V. What has Alabama previously been authorized for?
Alabama initially received final authorization on December 8, 1987,
effective December 22, 1987 (52 FR 46466), to implement the RCRA
hazardous waste management program. The EPA granted authorization for
changes to Alabama's program on the following dates: November 29, 1991,
effective January 28, 1992 (56 FR 60926); May 13, 1992, effective July
12, 1992 (57 FR 20422); October 21, 1992, effective December 21, 1992
(57 FR 47996); March 17, 1993, effective May 17, 1993 (58 FR 20422);
September 24, 1993, effective November 23, 1993 (58 FR 49932); February
1, 1994, effective April 4, 1994 (59 FR 4594); November 14, 1994,
effective January 13, 1995 (59 FR 56407); August 14, 1995, effective
October 13, 1995 (60 FR 41818); February 14, 1996, effective April 15,
1996 (61 FR 5718); April 25, 1996, effective June 24, 1996 (61 FR
5718); November 21, 1997, effective February 10, 1998 (62 FR 62262);
December 20, 2000, effective February 20, 2001 (65 FR 79769); March 15,
2005, effective May 16, 2005 (70 FR 12593); June 2, 2005, effective
August 1, 2005 (70 FR 32247); September 13, 2006, effective November
13, 2006 (71 FR 53989); April 2, 2008, effective June 2, 2008 (73 FR
17924); March 20, 2017, effective May 19, 2017 (82 FR 14327); and
December 10, 2018, effective April 19, 2019 (83 FR 63461).
VI. What changes is the EPA authorizing with this action?
Alabama submitted a complete PRA, dated July 11, 2024, seeking
authorization of changes to its hazardous waste management program in
accordance with 40 CFR 271.21. This application included changes
associated with Checklists 231, 233, and 236 through 244 from RCRA
Clusters XXIII through XXX. The EPA has determined, subject to receipt
of written comments
[[Page 22018]]
that oppose this action, that Alabama'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 Alabama for the following program changes:
Table 1
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Description of Federal
requirement Federal Register date and page Analogous state authority \1\
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Checklist 231, Hazardous Waste 79 FR 7518; 2/7/2014............... 335-14-1-.01(2)(a) through (2)(c)2.; 335-
Electronic Manifest Rule. 14-1-.02(1)(a)85., (1)(a)86., (1)(a)170.,
(1)(a)322.; 335-14-3-.02(1)(a)3. through
(1)(a)3.(ii), (5) through (5)(c), (5)(d)
through (f); 335-14-4-.02(1)(a)1. through
(1)(a)7.; 335-14-5-.05(2)(a)2. through
(2)(a)2.(vi), (2)(f) through (2)(k); \2\
and 335-14-6-.05(2)(a)2. through
(2)(a)2.(vi), (2)(f) through (2)(k).
Checklist 219 (2008),\3\ 73 FR 64668; 10/20/2008, 80 FR 335-14-1-.02(1)(a), (1)(a)3., (1)(a)51.
Revisions to the Definition of 1694; 1/13/2015, 83 FR 24664; 5/30/ through (1)(a)51.(iv), (1)(a)108. through
Solid Waste (DSW), as amended 2018. (1)(a)108.(iii), (1)(a)123.; (1)(a)124.,
by Checklist 233 (2015 and (1)(a)145., (1)(a)151., (1)(a)235.,
2018). Checklist 233A, Changes (1)(a)240., (1)(a)289.; 335-14-1-.03(10),
affecting all non-waste (10)(b), (10)(d) through (10)(e), (11)(c)
determinations and variances. through (11)(c)5., (13), (13)(a), (13)(c)
Checklists 233B, Legitimacy- through (13)(e), (14) through (14)(c)5.,
related provisions, including (22) through (23)(b)2., (23)(c)
prohibition of sham recycling, [reserved]; 335-14-2-.01(2)(b)3.,
definition of legitimacy, (2)(b)4., (2)(c)3., (2)(c)4. Table 1
definition of contained. [column 3 title], (2)(g); (4)(a)23.
Checklist 233C, Speculative through (4)(a)25., (4)(a)27. through
Accumulation. Checklist 233D2, (4)(a)27.(vi)(VI); 335-14-2-.08 title
2008 DSW exclusions and non- through (12)(m)2. [addition of analog to
waste determinations, 40 CFR part 261, Subpart H]; 335-14-2-.09
including revisions from 2015 title, (1) through (4)(b), (6) through
DSW final rule and 2018 DSW (8)(c), (10); 335-14-2-.10 title, (1)
final rule. Checklist 233E, through (11) [addition of analog to 40
Remanufacturing exclusion. CFR part 261, Subpart J]; 335-14-2-.11
[reserved]; 335-14-2-.12 [reserved]; 335-
14-2-.13 title, (1) through (1)(b), (11)
through (12)(d)3.(v), (21) through
(21)(f)9.(vii); 335-14-2-.27 title and
introductory text \4\ through (20)
[incorporation by reference of 40 CFR
part 261, Subpart AA]; 335-14-2-.28 title
and introductory text \4\ through (31)
[incorporation by reference of 40 CFR
part 261, Subpart BB]; 335-14-2-.29 title
and introductory text \4\ through (11)
[incorporation by reference of 40 CFR
part 261, Subpart CC]; and 335-14-8-
.04(3)(a)1.(x).
Checklist 236, Imports and 81 FR 85696; 11/28/2016, 82 FR 335-14-1-.02(1)(a)12, (1)(a)84,
Exports of Hazardous Waste. 41015; 8/29/2017, 83 FR 38262; 8/6/ (1)(a)236., (2); 335-14-2-.01(4)(d)1.,
2018. (4)(d)4., (4)(e)1., (4)(e)4.,
(6)(a)3.(i), (6)(a)5.; 335-14-2-
.05(1)(a)5.(ii), (1)(a)5.(v) through
(1)(a)5.(vi), (1)(a)5.(ix), (1)(a)5.(xi);
335-14-3-.01(1)(d), (8)(e); 335-14-3-
.04(2)(c); 335-14-3-.05 [removal of 40
CFR part 261, Subpart E; 335-14-3-.06
[removal of 40 CFR part 261, Subpart F];
335-14-3-.09 title through (5), (6)
through (10) [reserved]; 335-14-3
Appendix I [reserved]; 335-14-4-
.01(1)(d); 335-14-4-.02(1)(a)2., (1)(c),
(1)(e)2., (1)(f)2., (1)(f)2. Note, (1)(g)
through (1)(g)4. (ii); 335-14-5-.02(3)(a)
through (3)(a)4.(ii); 335-14-5-
.05(2)(a)3. through (2)(a)3.(ii), (2)(d);
335-14-6-.02(3)(a) through (3)(a)4.(ii);
335-14-6-.05(2)(a)3. through
(2)(a)3.(ii), (2)(d); 335-14-7-.06(1)(b)
through (1)(b)3.; 335-14-7-.07(1)(a)
Table [Rows 6. through 10.]; and 335-14-
11-.02(11); 335-14-11-.03(10)(a),
(10)(b), (11); 335-14-11-.04(7); 335-14-
11-.05(3)(a); and 335-14-11-.06(1)
through (1)(c).
Checklist 237, Hazardous Waste 81 FR 85732; 11/28/2016............ 335-14-1-.01(3); 335-14-1-.02(1)(a)7.,
Generator Improvements Rule. (1)(a)36., (1)(a)48., (1)(a)95.,
(1)(a)137., (1)(a)158., (1)(a)189.,
(1)(a)215., (1)(a)254., (1)(a)261.,
(1)(a)288., (1)(a)307., (1)(a)323., (2);
335-14-2-.01(1)(a)1., (4)(a)7., (5)
[reserved], (6)(c)2.(iv); 335-14-2-
.04(4)(e), (4)(f); 335-14-2-.13(21)(g);
335-14-3-.01(1)(a) through (1)(b),
(1)(d), (1)(g)1., (1)(g)2., (1)(j)
[reserved], (1)(l) through (1)(l)2., (2)
through (3)(c)8., (3)(d) through (8)(e);
335-14-3-.02 title; 335-14-3-.03 title,
(3)(b) through (3)(d); (5); 335-14-3-.04
title, (1)(c), (2) through (2)(c), (4),
(5); 335-14-3-.12(1) [reserved], (2)(a)
through (4)(a), (4)(b)2., (5), (5)(a),
(7)(b)3.(iii), (8)(d)2., (9)(a)1.,
(9)(a)2., (9)(d)2. through (9)(d)2.(ii),
(10)(b), (11)(a), (11)(b)3., (11)(d)2.,
(12)(c), (12)(d), (12)(e)3., (13)(d),
(14)(a)1. through (14)(a)3., (14)(b)2.,
(15)(b)5., (17)(a), (17)(b); 335-14-3-
.13(1) through (4)(d); 335-14-3-.14
title, (1) through (13)(i)6. [addition of
analog to 40 CFR part 262, Subpart M];
335-14-4-.05(3)(b), (6)(a), (6)(b); 335-
14-5-.01(1)(g)1., (1)(g)3.; 335-14-5-
.02(6)(b)4.; 335-14-5-.05(2)(c), (6); 335-
14-5-.09(1), (1) Comment, (5); 335-14-5-
.10(2)(a); 335-14-5-.27(a); 335-14-5-
.28(a); 335-14-5-.30(2)(c)4.; 335-14-6-
.01(1)(c)5, (1)(c)7.; 335-14-6-
.02(6)(b)4; 335-14-6-.05(2)(c),\5\ (6);
335-14-6-.09(5); 335-14-6-.27; 335-14-6-
.28; 335-14-6-.30(2)(c)4.; 335-14-7-
.07(1)(a) Table [references to 335-14-3-
.01(8)]; 335-14-7-.14(9)(a); 335-14-8-
.01(1)(c)2, (1)(c)2.(i), (1)(c)2.(iii);
335-14-9-.01(1), (7); 335-14-9-.05(1);
335-14-11-.01(8), (8)(a)2.; 335-14-11-
.07(2)(b); and 335-14-17-.02(1)(b)3.
Checklist 238, Confidentiality 83 FR 60894; 12/26/2017............ 335-14-1-.01(2)(b), (2)(d)1., (2)(d)2.;
Determinations for Hazardous 335-14-2-.05(1)(a)5.(iv); and 335-14-3-
Waste Export and Import .09 [first paragraph after title], (4)
Documents. and (5).
Checklist 239, Hazardous Waste 83 FR 420; 1/3/2018................ 335-14-1-.01(4) through (5), (5)(b)
Electronic Manifest System through (5)(b)2.; 335-14-1-.02(1)(a)272.
User Fee. through (1)(a)272.(ii); 335-14-3-
.02(1)(a)1., (1)(a)2., (2)(a)2.(f)
[reserved], (5)(c) through (5)(c)2.,
(5)(e), (5)(g), (5)(h); 335-14-3 Appendix
I [reserved]; 335-14-4-.02(1)(a)8.
[reserved], (1)(a)9., (2)(a), (2)(a)1.
through (2)(a)4., (2)(b)1 through
(2)(c)2.; 335-14-5-.05(2)(a)2. through
(2)(a)(vi), (2)(j) through (2)(j)2.,\2\
(2)(l) through (2)(l)5.; 335-14-5-.29(a);
335-14-6-.05(2)(a)2. through
(2)(a)2.(vi), (2)(j) through (2)(j)2.,
(2)(l) through (2)(l)5.; and 335-14-6-.29
\3\ [first paragraph after title].
Checklist 240, Safe Management 83 FR 61552; 11/30/2018............ 335-14-1-.02(1)(a)15. through (1)(a)17.;
of Recalled Airbags. 335-14-2-.01(4)(i) [reserved], (4)(j)1.
through (4)(j)3.; and 335-14-3-
.01(4)(a)5.(xi).
Checklist 241, Management 84 FR 5816; 2/22/2019.............. 335-14-1-.02(1)(a)81., (1)(a)97.,
Standards for Hazardous Waste (1)(a)128. through 129.(ii), (1)(a)131.,
Pharmaceuticals and Amendment (1)(a)164., (1)(a)190., (1)(a)191.,
to the P075 Listing for (1)(a)192., (1)(a)212., (1)(a)225.
Nicotine. through (1)(a)225.(iii), (1)(a)246.; 335-
14-2-.01(4)(a)1.(ii), (7)(c); 335-14-2-
.04(4)(c), (4)(c) Comment, (4)(e) Table
[entries for P075]; 335-14-3-.01(1)(m),
(1)(n), (3)(c)9., (4)(a)5.(ix),
(4)(a)5.(x); 335-14-5-.01(1)(g)13.; 335-
14-6-.01(1)(c)15.; 335-14-7-.16 title,
(1) through (10)(d)3.; \6\ 335-14-8-
.01(1)(c)2.(xii); 335-14-9-.01(7); 335-14-
9-.05(1); and 335-14-11-.07(1)(a),
(1)(d).\7\
[[Page 22019]]
Checklist 242, Universal Waste 84 FR 67202; 12/9/2019............. 335-14-1-.02(1)(a)11., (1)(a)159.,
Regulations: Addition of (1)(a)210. through (1)(a)210.(iii),
Aerosol Cans. (1)(a)262., (1)(a)302.(iii) through
(1)(a)302.(v), (1)(a)303. through
(1)(a)303.(ii)(II); 335-14-2-.01(9)(c)
through (9)(e); 335-14-5-
.01(1)(g)12.(iii) through (1)(g)12.(v);
335-14-6-.01(1)(c)14.(iii) through
(1)(c)14.(v); 335-14-8-
.01(1)(c)2.(ix)(III) through
(1)(c)2.(ix)(V); 335-14-9-.01(1), 335-14-
11-.01(1)(a)3. through (1)(a)5.,
(3)(b)2., (6) through (6)(c)2.; 335-14-11-
.02(4)(c)2.(iii), (4)(c)2.(iv), (4)(e)
through (4)(e)4.(vii), (5)(f); and 335-14-
11-.03(3)(b)4., (4)(c)2.(iii),
(4)(c)2.(iv), (4)(e) through
(4)(e)4.(vii), (5)(f).
Checklist 243, Modernizing 85 FR 40594; 7/7/2020.............. 335-14-1-.02(2), 335-14-2-.03(2)(a)1.,
Ignitable Liquids (2)(a)3.(ii) through (2)(a)4.,
Determinations. (2)(a)4.(i)(I), (2)(a)4.(i)(IV), 335-14-2
Appendix IX [references to 1010B and
1020C].
Checklist 244, Canada Import 86 FR 54381; 10/1/2021............. 335-14-3-.09 [first paragraph after
Export Recovery and Disposal title], (2), (4), (5); 335-14-5-
Code Changes. .02(3)(a)4.(ii); and 335-14-6-
.02(3)(a)4.(ii).
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Notes:
\1\ The Alabama regulatory provisions are from the Alabama Hazardous Waste Regulations, Division 14, Chapter
335, effective June 12, 2023.
\2\ In Alabama's regulations at 335-14-5-.05(2)(j)2., ``this section'' refers to 335-14-5-.05(2). Alabama will
replace ``this section'' with the appropriate citation in a future rulemaking.
\3\ Alabama has adopted the 2008 Federal Revisions to the Definition of Solid Waste Rule, as amended on January
13, 2015, and May 30, 2018.
\4\ The EPA is not authorizing the following language in Alabama's regulations at 335-14-2-.27, 335-14-2-.28,
and 335-14-2-.29: ``Any provision of 40 CFR Part 261, Subpart [AA/BB/CC, as applicable], which is inconsistent
with the provisions of ADEM Administrative Code, Division 14, is not incorporated herein by reference.'' In a
future rulemaking, Alabama will remove or revise the foregoing language in 335-14-2-.27, 335-14-2-.28, and 335-
14-2-.29, and any similar provisions elsewhere in Alabama's regulations, to clarify that the requirements of
Alabama's program must be at least as stringent as the analogous Federal program requirements.
\5\ In Alabama's regulations at 335-14-6-.05(2)(c), there is an incorrect cross-reference to 335-14-2-.01(6).
The correct cross-reference is 335-14-3-.01(6). Alabama will correct the cross-reference in a future
rulemaking.
\6\ In Alabama's regulations at 335-14-7-.16(1)(b), there is an incorrect cross-reference to 335-141-7-
.16(1)(d). The correct cross-reference is 335-14-7-.16(1)(d). Alabama will correct the cross-reference in a
subsequent rulemaking. Any reference to ``this subpart'' in 335-14-7-.16 refers to 335-14-7-.16. Any reference
to ``this section'' in 335-14-7-.16(2)(j)4. refers to 335-14-7-.16(2). Alabama will replace ``this subpart''
and ``this section'' with appropriate citations in a future rulemaking.
\7\ In Alabama's regulations at 335-14-11-.07(1)(d), ``this part'' refers to 335-14-11. Alabama will replace
``this part'' with the appropriate citation in a future rulemaking.
VII. Where are the revised State rules different than the Federal
rules?
When revised State rules differ from the Federal rules in the RCRA
state authorization process, the EPA determines whether the State rules
are equivalent to, more stringent than, or broader in scope than the
Federal program. Pursuant to RCRA section 3009, 42 U.S.C. 6929, State
programs may contain requirements that are more stringent than the
Federal regulations. Such more stringent requirements can be federally
authorized and, once authorized, become federally enforceable. 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.
Alabama's program is broader in scope than the Federal program at
40 CFR 262.18(c) by including a requirement at 335-14-3-.01(8)(c) that
generators can offer hazardous waste only to transporters that have
been issued an Alabama Hazardous Waste Transport Permit.
The EPA has determined that certain regulations included in
Alabama's program revisions listed in Table 1 above are more stringent
than the Federal program. These more stringent requirements will become
part of the federally enforceable RCRA program in Alabama when
authorized. The more stringent requirements are set forth in Table 2
below:
Table 2
----------------------------------------------------------------------------------------------------------------
Alabama more stringent provisions Federal program Explanation
----------------------------------------------------------------------------------------------------------------
335-14-1-.03(22)(a), 335-14-2- 40 CFR 260.42(a), 40 CFR Alabama requires facilities that submit
.01(4)(a)27.(vi)(I). 261.4(a)(27)(vi)(A). notifications of managing hazardous secondary
materials to update the notifications
annually, rather than biennially.
335-14-3-.01(2)(f)(4).............. 40 CFR 262.11(f), 40 CFR Alabama adds the following requirement: ``In
262.13. addition to the records described in 335-14-3-
.01(2)(f)1. through 3., a small or large
quantity generator must maintain sufficient
documentation to demonstrate the quantity of
hazardous waste generated each calendar
month. This documentation must be retained on-
site for at least three years from the date
the waste was generated.''
335-14-3-.01(4)(a) and (4)(d), 335- 40 CFR 262.14(a) and (c), Alabama requires annual notification by all
14-3-.01(6), 335-14-3-.01(7), 40 CFR 262.16, 40 CFR small and large quantity generators, and by
(7)(b), (7)(c), (7)(d) through 262.17, (b), (c), (d) very small quantity generators choosing to
(7)(f), 335-14-3-.01(8)(d) through through (f), 40 CFR have an active EPA ID number.
(d)(2). 262.18(d) through (d)(2).
335-14-3-.01(6)(b)2.(iii), 335-14-3- 40 CFR 262.16(b)(2)(iii), Alabama adds the following requirement for the
.01(7)(a)1.(iv). 40 CFR 262.17(a)(1)(iv). accumulation of hazardous waste in containers
by large and small quantity generators:
``Containers having a capacity greater than
30 gallons must not be stacked over two
containers high.''
335-14-3-.01(6)(b)2.(iv), 335-14-3- 40 CFR 262.16(b)(2)(iv), 40 Alabama adds a requirement that large and
.01(7)(a)1.(v). CFR 262.17(a)(1)(v). small quantity generators must keep records
of inspections of central accumulation areas
in an inspection log or summary that must
include certain information.
335-14-3-.01(6)(b)3.(ii)a., 40 CFR 262.16(b)(3)(ii)(A), Alabama does not allow the treatment of
(6)(b)3.(ii)b. and (b)(3)(ii)(B), and hazardous waste in tanks by small quantity
(6)(b)3.(vii)a., 335-14-3- (b)(3)(vii)(A)(1), 40 CFR generators.
.13(3)(b)5. 262.232(b)(5).
[[Page 22020]]
335-14-3-.01(6)(b)6.(i)d., 335-14-3- 40 CFR 262.16(b)(6)(i), 40 Alabama requires that large and small quantity
.01(6)(b)6.(ii)a, 335-14-3- CFR 262.16(b)(6)(ii)(A), generators, and very small quantity
.01(7)(a)5(i)d, 335-14-3- 40 CFR 262.17(a)(5)(i), 40 generators who accumulate hazardous waste
.01(7)(a)5.(ii)a., 335-14-3- CFR 262.17(a)(5)(ii)(A), generated from an episodic generation event,
.01(7)(c)4.(iv)a., 335-14-3- 40 CFR must mark or label containers and tanks of
.13(3)(a)4.(i)a., 335-14-3- 262.17(c)(4)(iv)(A), 40 hazardous waste with all appropriate EPA
.13(3)(a)4.(ii)a., 335-14-3- CFR 262.232(a)(4)(i)(A), hazardous waste numbers associated with the
.13(3)(b)4.(i)a., 335-14-3- 40 CFR hazardous waste as specified in 335-14-2-.03
.13(3)(b)4.(ii)a. 262.232(a)(4)(ii)(A), 40 and 335-14-2-.04.
CFR 262.232(b)(4)(i)(A),
40 CFR
262.232(b)(4)(ii)(A).
335-1-4-3-.01(6)(b)8.(ii).......... 40 CFR 262.16(b)(8)(ii).... Alabama requires large and small quantity
generators to obtain the State's approval
before omitting or substituting the
preparedness and prevention equipment
required by 335-14-3-.01(6)(b)8.(ii).
335-14-3-.01(6)(c)................. 40 CFR 262.16(c)........... To accumulate hazardous waste onsite for 270
days or less under 335-14-3-.01(6)(c),
Alabama requires that small quantity
generators comply with 335-14-3-.01(b),
including the training requirements at 335-14-
3-.01(b)(10) which are not required by the
Federal program.
335-14-3-.01(7)(a)1.(viii)......... 40 CFR 262.17(a)(1)........ Alabama adds a containment requirement to the
conditions for exemption for large quantity
generators, as follows: ``(viii) Containment.
Container storage areas must meet the
containment requirements of 335-14-6-
.09(6).''
335-14-3-.01(7)(a)10............... 40 CFR 262.17(a)(9)........ Alabama adds site security requirements to the
conditions for exemption for large quantity
generators that accumulate hazardous waste.
335-14-3-.01(7)(a)8.(i)(a) through 40 CFR 262.17(a)(8)(i)(A) Alabama requires large quantity generators to
(7)(a)8.(i)a.(VIII), and through (a)(8)(ii)(C). notify 30 days before, rather than after, the
(7)(a)8.(i)c. closure of a hazardous waste management unit,
and requires additional information in the
notices submitted to the State for both unit
and facility closures.
335-14-3-.13(3)(a)2., 335-14-3- 40 CFR 262.232(a)(2), 40 Alabama specifies that small quantity
.13(3)(b)2. CFR 262.232(b)(2). generators and very small quantity generators
have 30 days after an unplanned episodic
generation event to submit a notification
form. The Federal program does not specify a
time period for the subsequent notification.
335-14-3-.13(3)(b)5................ 40 CFR 262.232(b)(5)....... Alabama does not allow small quantity
generators to treat hazardous waste generated
from an episodic event on site, and instead
requires that such waste be manifested and
shipped off site to a designated facility.
335-14-4-.05(6)(a)................. 40 CFR 263.12(b)........... Alabama requires that all containers used to
store hazardous waste at transfer facilities
must be labeled or marked with the
appropriate EPA hazardous waste numbers,
regardless of whether a transporter
consolidates or mixes the contents of two or
more such containers.
----------------------------------------------------------------------------------------------------------------
There are certain regulatory provisions which the States cannot be
authorized to administer or implement. These provisions include the
requirements associated with the operation of the national E-Manifest
system and its user fee provisions contained in the Hazardous Waste
Electronic Manifest User Fee Rule (Checklist 239). Although Alabama has
adopted these regulations to maintain its equivalency with the Federal
program, it has appropriately maintained the Federal references to
reserve the EPA's authority to implement the non-delegable provisions
(see 335-14-1-.01(4)(a)4. and (5)(b)2., 335-14-3-.02(2)(a)2.(f), 335-
14-5-.05(2)(a)2.(v)(I)-(II) and (2)(j)2., 335-14-6-.05(2)(j)1.).
Because of the Federal Government's special role in matters of
foreign policy, the EPA also does not authorize States to administer
the Federal import/export functions associated with the Revisions to
the Definition of Solid Waste (Checklist 233D2), Imports and Exports of
Hazardous Waste Rule (Checklist 236), the Confidentiality
Determinations for Hazardous Waste Export and Import Documents Rule
(Checklist 238), and the Canada Import Export Recovery and Disposal
Code Changes Rule (Checklist 244). Although Alabama has adopted these
regulations to maintain its equivalency with the Federal program, it
has either appropriately maintained the Federal references in the
State's regulations or incorporated the Federal regulations by
reference (see 335-14-1-.02(1)(a)84.; 335-14-2-.01(4)(a)25.; 335-14-
2-.05(1)(a)5.(ii), (1)(a)5.(v)(I), (1)(a)5.(v)(II)(B).I,
(1)(a)5.(v)(II)(B)III., (1)(a)5.(v)(II)(B)VII., (1)(a)5.(vi),
(1)(a)5.(ix); 335-14-3-.09; 335-14-4-.02(1)(a)2., (1)(c), (1)(e)2.,
(1)(f)2.; 335-14-5-.02(3)(a)1. through (3)(a)4.(ii); 335-14-
5-.05(2)(a)3., (2)(d); 335-14-6-.02(3)(a)1. through (3)(a)4.(ii); 335-
14-6-.05(2)(a)3., (2)(d)).
VIII. Who handles permits after the authorization takes effect?
When final authorization takes effect, Alabama 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 tables above after the
effective date of the final authorization. The EPA will continue to
implement and issue permits for HSWA requirements for which Alabama is
not yet authorized. The EPA has the authority to enforce State-issued
permits after the State is authorized.
IX. How does today's action affect Indian country in Alabama?
Alabama is not authorized to carry out its hazardous waste program
in Indian country within the State, which includes the Poarch Band of
Creek Indians. 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.
X. What is codification and is the EPA codifying Alabama'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 Alabama's revisions at this time.
However, the EPA reserves the ability to amend 40 CFR part 272, subpart
B, for the authorization of
[[Page 22021]]
Alabama's program changes at a later date.
XI. Statutory and Executive Order Reviews
This action is not a significant regulatory action subject to
review by the Office of Management and Budget (OMB) under 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. This action is not subject to Executive Order
14192 (90 FR 9065, February 6, 2025) because actions such as the
authorization of Alabama's revised hazardous waste program under RCRA
are exempt from review 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 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).
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 July 22, 2025.
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: May 7, 2025.
Kevin J. McOmber,
Regional Administrator.
[FR Doc. 2025-09302 Filed 5-22-25; 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.