Proposed Rule2025-20129
Ohio: Proposed 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
November 18, 2025
Issuing agencies
Environmental Protection Agency
Abstract
Ohio has applied to the Environmental Protection Agency (EPA) for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. The EPA has reviewed Ohio's application and has determined that these changes satisfy all requirements needed to qualify for final authorization. Therefore, we are proposing to authorize the State's changes. The EPA seeks public comment prior to taking final action.
Full Text
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<title>Federal Register, Volume 90 Issue 220 (Tuesday, November 18, 2025)</title>
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[Federal Register Volume 90, Number 220 (Tuesday, November 18, 2025)]
[Proposed Rules]
[Pages 51625-51630]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20129]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R05-RCRA-2025-1675; FRL-12244-01-R5]
Ohio: Proposed Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Ohio has applied to the Environmental Protection Agency (EPA)
for final authorization of changes to its hazardous waste program under
the Resource Conservation and Recovery Act (RCRA), as amended. The EPA
has reviewed Ohio's application and has determined that these changes
satisfy all requirements needed to qualify for final authorization.
Therefore, we are proposing to authorize the State's changes. The EPA
seeks public comment prior to taking final action.
DATES: Comments must be received on or before December 18, 2025.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R05-RCRA-2025-1675, by the following method:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Email: Daniel Leonard, <a href="/cdn-cgi/l/email-protection#412d242e2f2033256f25202f28242d012431206f262e37"><span class="__cf_email__" data-cfemail="b6dad3d9d8d7c4d298d2d7d8dfd3daf6d3c6d798d1d9c0">[email protected]</span></a>.
Instructions: EPA must receive your comments by December 18, 2025.
Docket: All documents in the docket are listed in the https://
[[Page 51626]]
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or in hard copy.
Written comments: EPA's policy is that all comments received will
be included in the public docket without change and may be made
available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal
information provided. 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). Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. The
Federal <a href="https://www.regulations.gov">https://www.regulations.gov</a> website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. (For
additional information about EPA's public docket, visit the EPA Docket
Center homepage at <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>).
FOR FURTHER INFORMATION CONTACT: Daniel Leonard, Waste Management
Permitting Section, Land, Chemicals, and Redevelopment Division, U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
LL-17J, Chicago, IL 60604. Daniel Leonard can be reached by telephone
at (312) 886-7089 or via email at <a href="/cdn-cgi/l/email-protection#7e121b11101f0c1a501a1f10171b123e1b0e1f50191108"><span class="__cf_email__" data-cfemail="8ee2ebe1e0effceaa0eaefe0e7ebe2ceebfeefa0e9e1f8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs necessary?
States that have received final authorization from 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 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
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 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, EPA will
implement those requirements and prohibitions in Ohio, including the
issuance of new permits implementing those requirements, until the
State is granted authorization to do so.
B. What decisions has EPA made in this proposed rule?
On June 27, 2023, Ohio submitted a program revision application
seeking authorization of changes to its hazardous waste program that
correspond to certain Federal rules promulgated between June 21, 1990
and July 7, 2020 (also known as RCRA Clusters II through XXIX). On
January 15, 2024, EPA requested further information from the Ohio
Attorney General, including information regarding the State's issuance
of exemptions that appeared in conflict with a previous statement from
the Ohio Attorney General and which might make Ohio's program less
stringent than the Federal program. On October 24, 2024, Ohio submitted
a response clarifying the Ohio Attorney General's position on these
exemptions. On January 17, 2025, EPA responded to Ohio EPA with a
letter stating in order to complete the process for authorizing Ohio's
application, Ohio should address the existing exemptions by continuing
to work with EPA to make final permit decisions on permit applications
under review. In addition, EPA requested that Ohio EPA memorialize its
commitments to make these permit decisions and to ensure common
understanding and efficient coordination for any future proposal to
issue an exemption or variance. Ohio EPA has made commitments to EPA
and agreed to revise its Memorandum of Agreement required under 40 CFR
271.8 with formal commitments to this effect. The EPA concludes that
Ohio's application to revise its authorized program now 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, EPA proposes to grant Ohio final authorization to
operate its hazardous waste program with the changes described in the
authorization application, and as outlined below in Section F of this
document.
Ohio has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian country) and
for carrying out the aspects of the RCRA program described in its
revised program application.
C. What is the effect of this proposed authorization decision?
If Ohio is authorized for the changes described in Ohio's
authorization application, these changes will become part of the
authorized State hazardous waste program, and will therefore be
federally enforceable. Ohio 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 which EPA is proposing to
authorize in Ohio are already effective under State law and are not
changed by this proposed action.
D. What happens if EPA receives comments that oppose this action?
If EPA receives oppositional comments on this proposed action, we
will 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 should do so at this time.
E. What has Ohio previously been authorized for?
Ohio initially received final authorization on June 28, 1989,
effective June 30, 1989 (54 FR 27170, June 28, 1989) to implement the
RCRA hazardous waste management program. Subsequently, the EPA granted
[[Page 51627]]
authorization for changes to the Ohio program effective June 7, 1991
(56 FR 14203, April 8, 1991) as corrected June 19, 1991, effective
August 19, 1991 (56 FR 28088); effective September 25, 1995 (60 FR
38502. July 27, 1995); effective December 23, 1996 (61 FR 54950,
October 23, 1996); effective January 24, 2003 (68 FR 3429, January 24,
2003); effective January 20, 2006 (71 FR 3220, January 20, 2006);
effective October 29, 2007 (72 FR 61063, October 29, 2007); effective
March 19, 2012 (77 FR 25966, March 19, 2012); effective February 12,
2018 (83 FR 5948, February 12, 2018); and effective September 26, 2019
(84 FR 50766, September 26, 2019).
F. What changes are we proposing with today's action?
On June 27, 2023, Ohio submitted a final complete program revision
application, seeking authorization of changes to its hazardous waste
management program in accordance with 40 CFR 271.21. The EPA proposes
to determine, subject to receipt of written comments that oppose this
action, that Ohio'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, EPA is proposing to authorize Ohio for
the following program changes:
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\1\ Revision Checklists generally reflect changes to Federal
regulations pursuant to a particular Federal Register publication;
EPA publishes these checklists as aids to states to use for
development of their authorization revision application. See EPA's
RCRA State Authorization website at <a href="https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra">https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra</a>.
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Analogous State Authority
Federal Register date and page (Ohio Admin. Code
Rule checklist \1\ Description of Federal (and/or RCRA statutory effective June 12, 2023,
requirement authority) unless otherwise
specified)
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79...................... Hazardous Waste Treatment, 55 FR 25454................... 3745-50-11, 3745-54-13,
Storage, and Disposal 3745-54-15, 3745-54-73,
Facilities--Organic Air 3745-54-77, 3745-65-73,
Emission Standards for 3745-65-77, 3745-205-30
Process Vents and through 3745-205-36, 3745-
Equipment Leaks. 205-50 through 3745-205-
65, 3745-256-30 through
3745-256-35, 3745-256-50
through 3745-256-64, 3745-
50-44.
87...................... Organic Air Emission 56 FR 19290................... 3745-205-30, 3745-205-33,
Standards for Process 3745-205-35, 3745-205-52,
Vents and Equipment 3745-65-13, 3745-65-73,
Leaks; Technical 3745-256-30, 3745-256-34,
Amendment. 3745-256-35, 3745-256-52,
3745-256-64, 3745-50-44.
154..................... Hazardous Waste Treatment, 61 FR 59931................... 3745-50-11, 3745-50-44,
Storage, and Disposal 3745-50-49, 3745-51-06,
Facilities and Hazardous 3745-54-13, 3745-54-15,
Waste Generators; Organic 3745-54-73, 3745-54-77,
Air Emission Standards 3745-55-79, 3745-55-100,
for Tanks, Surface 3745-56-32, 3745-57-91,
Impoundments, and 3745-65-01, 3745-65-13,
Containers. 3745-65-15, 3745-65-73,
3745-65-77, 3745-66-78,
3745-66-102, 3745-67-31,
3745-205-30, 3745-205-33,
3745-205-35, 3745-205-50,
3745-205-55, 3745-205-64,
3745-205-80, 3745-205-82
through 3745-205-90, 3745-
256-30, 3745-256-33
through 3745-256-35, 3745-
256-30, 3745-256-55, 3745-
256-58, 3745-256-64, 3745-
256-80 through 3745-256-
90.
158..................... Hazardous Waste Management 62 FR 32452................... 3745-50-11, 3745-205-34,
System; Testing and 3745-205-63, 3745-256-34,
Monitoring Activities. 3745-256-63, 3745-266-
106, 3745-266-107.
163..................... Hazardous Waste Treatment, 62 FR 64636................... 3745-54-15, 3745-54-73,
Storage, and Disposal 3745-205-30, 3745-205-31,
Facilities and Hazardous 3745-205-33, 3745-205-50,
Waste Generators; Organic 3745-205-60, 3745-205-62,
Air Emission Standards 3745-205-64, 3745-205-80,
for Tanks, Surface 3745-205-82 through 3745-
Impoundments, and 205-89, 3745-65-15, 3745-
Containers. 65-73, 3745-256-30, 3745-
256-33, 3745-256-50, 3745-
256-60, 3745-256-62, 3745-
256-64, 3745-256-80
through 3745-256-90.
177..................... Hazardous Waste Treatment, 64 FR 3381.................... 3745-205-31, 3745-205-80,
Storage, and Disposal 3745-205-83, 3745-205-84,
Facilities and Hazardous 3745-205-86, 3745-256-80,
Waste Generators; Organic 3745-256-84, 3745-256-85,
Air Emission Standards 3745-256-87.
for Tanks, Surface
Impoundments, and
Containers.
205..................... National Emission 69 FR 22601................... 3745-205-50, 3745-256-50.
Standards for Hazardous
Air Pollutants (NESHAP):
Surface Coating of
Automobiles and Light-
Duty Trucks.
208..................... Methods Innovation Rule 79 FR 35290................... 3745-50-11, 3745-50-44,
and SW-846 Update. 3745-55-90, 3745-66-90,
3745-205-34, 3745-205-63,
3745-256-34, 3745-256-63,
3745-256-81, 3745-256-84,
3745-266-100, 3745-266-
102, 3745-266-103, 3745-
266-106, 3745-266-112.
212..................... National Emission 70 FR 59402................... 3745-50-11, 3745-50-44,
Standards for Hazardous 3745-50-51, 3745-57-40,
Air Pollutants (NESHAP): 3745-266-100.
Final Standards for
Hazardous Waste
Combustors (Phase I Final
Replacement Standards and
Phase II).
[[Page 51628]]
213..................... Burden Reduction 71 FR 16862................... 3745-50-10, 3745-50-24,
Initiative. 3745-50-44, 3745-50-51,
3745-54-15, 3745-54-73,
3745-65-15, 3745-65-73,
3745-66-93, 3745-205-61,
3745-205-62, 3745-256-61,
3745-256-62, 3745-266-
102, 3745-266-103.
214..................... Corrections to the Code of 71 FR 40254................... 3745-50-10, 3745-50-44,
Federal Regulations. 3745-50-51, 3745-54-01,
3745-54-13, 3745-55-18,
3745-57-91, 3745-65-01,
3745-65-73, 3745-66-17,
3745-66-42, 3745-66-93,
3745-256-33, 3745-256-35,
3745-256-63, 3745-256-73,
3745-256-80, 3745-256-84,
3745-256-85, 3745-256-87,
3745-256-90, 3745-205-30,
3745-205-33, 3745-205-34,
3745-205-35, 3745-205-50,
3745-205-58, 3745-205-64,
3745-205-80, 3745-205-90,
3745-266-80, 3745-266-
100, 3745-266-102, 3745-
266-103, 3745-266-106,
3745-266-107, 3745-266-
112, 3745-273-13.
223..................... Hazardous Waste Technical 75 FR 31716................... 3745-50-10, 3745-50-49,
Corrections and 3745-266-22, 3745-266-80.
Clarifications.
233A.................... Revisions to the 80 FR 1694 and 83 FR 24664.... 3745-50-24, 3745-50-26,
Definition of Solid Waste. 3745-50-16.
233B.................... Revisions to the 80 FR 1694 and 83 FR 24664.... 3745-50-10, 3745-50-17.
Definition of Solid Waste.
233C.................... Revisions to the 80 FR 1694.................... 3745-51-01.
Definition of Solid Waste.
233D2................... Revisions to the 80 FR 1694 and 83 FR 24664.... 3745-50-10, 3745-50-15,
Definition of Solid Waste. 3745-50-23, 3745-51-51,
3745-51-140, 3745-51-142,
3745-51-143, 3745-51-147
(effective March 7,
2025), 3745-51-148, 3745-
51-400, 3745-51-410, 3745-
51-411, 3745-51-420, 3745-
51.
233E.................... Revisions to the 80 FR 1694.................... 2745-50-10, 3745-51-02,
Definition of Solid Waste. 3745-51-04, 3745-51-170,
3745-51-190, 3745-51-191,
3745-51-193, 3745-51-194,
3745-51-196, 3745-51-197,
3745-51-198, 3745-51-199,
3745-51-200, 3745-51-730,
3745-51-731, 3745-51-732,
3745-51-733, 3745-51-734,
3745-51-735, 3745-51-750,
3745-51-780, 3745-51-781,
3745-51-782, 3745-51-783
(effective March 7,
2025), 3745-51-786, 3745-
51-789 (effective March
7, 2025).
237..................... Hazardous Waste Generator 81 FR 85732................... 3745-50-10, 3745-50-11,
Improvements Rule. 3745-51-01, 3745-51-04,
3745-51-06, 3745-51-420,
3745-54-01, 3745-54-15,
3745-55-70, 3745-65-01,
3745-65-15, 3745-205-30,
3745-205-50, 3745-256-30,
3745-256-50, 3745-266-80.
242..................... Universal Waste 84 FR 67202................... 3745-50-10, 3745-50-44,
Regulations: Addition of 3745-54-01, 3745-65-01,
Aerosol Cans. 2745-273-13, 3745-273-33.
243..................... Modernizing Ignitable 85 FR 40594................... 3745-50-11, 3745-51-21.
Liquids Determinations.
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Ohio previously added ``non-empty aerosol containers'' to their
universal waste program, authorized September 26, 2019 (84 FR 50766).
Following the February 7, 2020 addition of aerosol cans to the Federal
universal waste rules (84 FR 67202, December 9, 2019), EPA determined
Ohio's treatment of non-empty aerosol containers to be functionally
equivalent to the Federal aerosol cans rule (84 FR 67206, December 9,
2019, see section III.F. of the preamble). In this application for
authorization, Ohio has further harmonized its existing rules to match
the Federal program by changing references to the State term ``aerosol
containers'' to the Federal term ``aerosol cans'' and replacing
aerosol-specific references with provisions from the Federal universal
waste standards. As such, EPA no longer considers Ohio's treatment of
aerosol cans to be broader-in-scope.
G. Which revised State rules are different from the Federal rules?
In Ohio Administrative Code 3745-50-10(10)(a), Ohio includes a
parenthetical description of the word ``permit'' as ``such as a permit
to discharge water or air''. This differs from the Code of Federal
Regulations which, in 40 CFR 260.10 ``Contained'', adds the word
``to'', using the phrase ``such as a permit to discharge to water or
air.'' Despite being in the ``definitions'' section of the Code, this
parenthetical does not have an effect on the definition of ``permit''
and the retention of ``such as'' does not allow this change to affect
the definition of ``contained''. The EPA considers Ohio's change to be
identical in substance to the Federal program.
In Ohio Administrative Code 3745-51-100, Ohio sets financial
assurance requirements specific to certain facilities that enter
recyclable materials into a recycling process within seventy-two hours
of arrival at the facility. There is no direct analogue of the 72-hour
provision in the Code of Federal Regulations, but EPA compared the
financial assurance requirements to the analogous Financial
Requirements for Management of Excluded Hazardous
[[Page 51629]]
Secondary Materials at 40 CFR part 261 Subpart H.
In the submitted copy of Ohio Administrative Code 3745-51-
147(G)(2)(b)(ii), a citation is made to the nonexistent rule 3745-51-
151(H)(2), which EPA has deemed a mistake intended to cite 3745-51-
151(G)(2). Since submission of the state's application for
authorization, the state promulgated a correction to its rule,
effective March 7, 2025, which removes this error. The EPA considers
this typographical error to make Ohio's program no less stringent than
the Federal program. Accordingly, with the proposed action, EPA is
planning to authorize the corrected edition of Ohio's regulation,
effective March 7, 2025, rather than the edition initially applied for.
In the submitted copy of Ohio Administrative Code 3745-51-
147(F)(3)(c), Ohio requires a second copy of an independent certified
public accountant's report rather than the special report intended to
address discrepancies in the preceding two subparagraphs found in 40
CFR 261.147(f)(3)(iii). The EPA has deemed this to be a mistaken
duplication of 3745-51-147(F)(3)(b). Since submission of the state's
application for authorization, the state promulgated a correction to
its rule, effective March 7, 2025, which removes this error. The EPA
considers this typographical error to make Ohio's program no less
stringent than the Federal program. Accordingly, with the proposed
action, EPA is planning to authorize the corrected edition of Ohio's
regulation, effective March 7, 2025, rather than the edition initially
applied for.
In the submitted copy of Ohio Administrative Code 3745-51-
783(C)(4), a citation is made to the nonexistent rule 3745-51-785,
which EPA has deemed a mistake intended to cite 3745-51-784(B)(1)(a).
Since submission of the state's application for authorization, the
state promulgated a correction to its rule, effective March 7, 2025,
which removes this error. The EPA considers this typographical error to
make Ohio's program no less stringent than the Federal program.
Accordingly, with this proposed action, EPA is planning to authorize
the corrected edition of Ohio's regulation, effective March 7, 2025,
rather than the edition initially applied for.
In the submitted copy of Ohio Administrative Code 3745-51-789(A), a
citation is made to the nonexistent rule 3745-51-780(B)(7), which EPA
has deemed a mistake intended to cite 3745-51-780. Since submission of
the state's application for authorization, the state promulgated a
correction to its rule, effective March 7, 2025, which removes this
error. The EPA considers this typographical error to make Ohio's
program no less stringent than the Federal program. Accordingly, with
this proposed action, EPA is planning to authorize the corrected
edition of Ohio's regulation, effective March 7, 2025, rather than the
edition initially applied for.
In Ohio Administrative Code 3745-65-73(9) through (15), Ohio
requires certain interim status treatment, storage, and disposal
facilities to include ``the certification if applicable'' in their
operating records. This differs from the Code of Federal Regulations,
which at 40 CFR 265.73(b)(9) through (15) require inclusion of ``the
certification and demonstration if applicable'' in said facilities'
operating records. As described at 61 FR 15588 (April 30, 2021),
treatment standards for all scheduled wastes were promulgated in the
Third Third rule (55 FR 22520, June 1, 1990); as such, the 40 CFR 268.8
``soft hammer'' requirements are no longer necessary. Facilities no
longer have a need to produce or retain demonstrations for this
purpose, and so EPA considers Ohio's change to be identical in
substance to the Federal program.
In Ohio Administrative Code 3745-66-43(D)(8)(b), Ohio requires
closure insurance policies to remain in place at interim standards
facilities after ``a permit is revoked or terminated''. This differs
from the Code of Federal Regulations, which at 40 CFR 265.143(d)(8)(ii)
applies this to when ``interim status is terminated or revoked''.
Because interim status facilities do not, by definition, have permits
that can be revoked, EPA deems this to be a copyediting error that does
not change the overall meaning or intent of the paragraph. Should
interim status be revoked from a facility, it should be considered
equivalent to revocation of a permit. The EPA considers this
typographical error to make Ohio's program no less stringent than the
Federal program.
In Ohio Administrative Code 3745-205-33(L)(2)(b), Ohio requires
treatment, storage, and disposal facilities with low-pressure closed-
vent systems to perform inspections of said systems ``once every
calendar year''. This differs from the Code of Federal Regulations,
which at 40 CFR 264.1033(l)(2)(ii) requires an inspection frequency of
``once every year''. The EPA considers Ohio's change to be identical in
substance to the Federal program.
In Ohio Administrative Code 3745-205-30(C), 3745-205-50(C), and
3745-205-80(C), Ohio requires the air emission standards to be
incorporated into certain treatment, storage, and disposal facility
permits when said permits are ``modified or reissued'' where 40 CFR
264.1030(c), 40 CFR 264.1050(c), and 40 CFR 264.1080(c), respectfully,
use the term ``reissued''. The EPA has received a satisfactory
explanation from the Ohio Attorney General that these are identical in
substance to the Federal program.
In Ohio Administrative Code 3745-256-84(C)(3)(b)(iv), Ohio
incorporates by reference ASTM method ``ASTM Method D2879-10''. This
differs from the Code of Federal Regulations, which at 40 CFR
265.1084(c)(3)(ii)(D) incorporates ``ASTM Method 2879-92''. Ohio's
reference is to a more recently-adopted version of the same test
method, so EPA considers Ohio's change to be identical in substance to
the Federal program.
In Ohio Administrative Code 3745-256-7(H)(1), a citation is made to
``method 27 of 40 CFR part 60 appendix''. This differs from the Code of
Federal Regulations, which at 40 CFR 265.1087(h)(1) makes reference to
``Method 27 of 40 CFR part 60, appendix A''. No other appendix of 40
CFR part 60 contains a Method 27, so the ambiguity in Ohio's reference
is unlikely to cause confusion. The EPA considers this typographical
error to make Ohio's program no less stringent than the Federal
program.
H. Who handles permits after final authorization takes effect?
When the final authorization takes effect, Ohio 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 which EPA issued prior
to the effective date of the proposed authorization until they expire
or are terminated. The EPA will not issue any more new permits or new
portions of permits for the provisions listed in the table above, under
section F of this document, after the effective date of the
authorization. The EPA will continue to implement and issue permits for
HSWA requirements for which Ohio is not yet authorized. The EPA has the
authority to enforce state-issued permits after the State is
authorized.
I. How does today's action affect Indian country (18 U.S.C. 1151) in
Ohio?
Ohio is not authorized to carry out its hazardous waste program in
Indian
[[Page 51630]]
country within the State, which includes:
<bullet> All lands within the exterior boundaries of Indian
reservations within or abutting the State of Ohio;
<bullet> Any land held in trust by the U.S. for an Indian tribe;
and
<bullet> Any other land, whether on or off an Indian reservation,
that qualifies as Indian country.
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.
J. What is codification and is EPA codifying Ohio's hazardous waste
program as authorized in this rule?
Codification is the process of placing a state's statutes and
regulations that comprise a state's authorized hazardous waste program
into the Code of Federal Regulations. We do this by referencing the
authorized state rules in 40 CFR part 272. The EPA is not proposing to
codify the authorization of Ohio's changes at this time. However, EPA
reserves the ability to amend 40 CFR part 272, subpart KK for the
authorization of Ohio's program changes 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 proposes to
authorize 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 this proposed authorization of Ohio'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 proposes to authorize 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 that
significantly or uniquely affects 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 proposes to authorize 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), 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 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 proposing this rule, 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).
List of Subjects in 40 CFR Part 271
Environmental protection; Administrative practice and procedure;
Confidential business information; Hazardous materials transportation;
Hazardous waste; 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: October 1, 2025.
Cheryl Newton,
Deputy Regional Administrator, Region 5.
[FR Doc. 2025-20129 Filed 11-17-25; 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.