Rule2026-05862
Florida: Final Authorization of State Hazardous Waste Management Program Revisions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 26, 2026
Effective
May 26, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking direct final action on the authorization of changes to Florida's hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. These changes were outlined in a September 1, 2023, 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 91 Issue 58 (Thursday, March 26, 2026)</title>
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[Federal Register Volume 91, Number 58 (Thursday, March 26, 2026)]
[Rules and Regulations]
[Pages 14648-14651]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05862]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2025-1577; FRL-13183-02-R4]
Florida: 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 Florida's hazardous
waste program under the Resource Conservation and Recovery Act (RCRA),
as amended. These changes were outlined in a September 1, 2023,
application to the EPA. We have determined that these changes satisfy
all requirements needed for final authorization.
DATES: This authorization is effective on May 26, 2026 without further
notice unless the EPA receives adverse comment by April 27, 2026. 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 the authorization will not take effect, or we will
publish a notification containing a response to comments that either
reverses the decision or affirms the final action will take effect. In
the event the final action is withdrawn, we will address all public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-2025-1577, 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 Leah Davis through the
provided contacts in the FOR FURTHER INFORMATION CONTACT section.
Please also contact Leah Davis if you need assistance in a language
other than English or if you are a person with disabilities who needs a
reasonable accommodation at no cost to you.
FOR FURTHER INFORMATION CONTACT: Leah Davis; RCRA Programs and Cleanup
Branch; Land, Chemicals and Redevelopment Division; U.S. Environmental
Protection Agency; Atlanta Federal Center, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8562; fax
number: (404) 562-9964; email address: <a href="/cdn-cgi/l/email-protection#c5a1a4b3acb6eba9a0a4ad85a0b5a4eba2aab3"><span class="__cf_email__" data-cfemail="583c392e312b76343d3930183d2839763f372e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Why is the EPA using a direct final action?
The EPA is publishing this action without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse comment. This action is a routine program change. However, in
the ``Proposed Rules'' section of this issue of the Federal Register,
we are publishing a separate document that will serve as the proposed
rule allowing the public an opportunity to comment. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this action, see the ADDRESSES section
of this document.
If the EPA receives adverse comments, we will either withdraw this
action by publishing a document in the Federal Register before the
action
[[Page 14649]]
becomes effective, or we will publish a notice containing a response to
comments that either reverses the decision or affirms the final action
will take effect. In the event 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 Florida, including the issuance of new permits
implementing those requirements, until the State is granted
authorization to do so.
III. What decisions has the EPA made in this action?
Florida submitted a complete program revision application (PRA),
dated September 1, 2023, seeking authorization of changes to its
hazardous waste program corresponding to certain Federal rules
promulgated between July 1, 1999 and June 30, 2022 (including RCRA
Cluster \1\ X (Checklist \2\ 181), and RCRA Cluster XXX (Checklist
244)). In Florida's PRA, the State notified the EPA that Section
403.73, Florida Statutes, had expired. Florida stated that Section
119.0715, Florida Statutes, now demonstrates the State's required
authority to share information with the EPA pursuant to 40 CFR 271.17.
The EPA concludes that Florida's application to revise its authorized
program meets all the statutory and regulatory requirements established
under RCRA, as set forth in RCRA section 3006(b), 42 U.S.C. 6926(b),
and 40 CFR part 271. Therefore, the EPA grants Florida final
authorization to operate its hazardous waste program with the changes
described in the 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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Florida 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 changes described in Florida'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. Florida will continue to have primary
enforcement authority and responsibility for its State hazardous waste
program. The EPA will maintain its authorities under RCRA sections
3007, 3008, 3013, and 7003, including its authority to:
<bullet> Conduct inspections, and require monitoring, tests,
analyses, and reports;
<bullet> Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
<bullet> Take enforcement actions regardless of whether the State
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which the EPA is
authorizing Florida are already effective under State law and are not
changed by this action.
V. What has Florida previously been authorized for?
Florida initially received final authorization on January 29, 1985,
effective February 12, 1985 (50 FR 3908), to implement the RCRA
hazardous waste management program. The EPA granted authorization for
changes to Florida's program on the following dates: December 1, 1987,
effective March 3, 1988 (52 FR 45634); December 16, 1988, effective
January 3, 1989 (53 FR 50529); December 14, 1990, effective February
12, 1991 (55 FR 51416); February 5, 1992, effective April 6, 1992 (57
FR 4371); February 7, 1992, effective April 7, 1992 (57 FR 4738); May
20, 1992, effective July 20, 1992 (57 FR 21351); November 9, 1993,
effective January 10, 1994 (58 FR 59367); July 11, 1994, effective
September 9, 1994 (59 FR 35266); April 16, 1994, effective October 17,
1994 (59 FR 41979); October 26, 1994, effective December 27, 1994 (59
FR 53753); April 1, 1997, effective June 2, 1997 (62 FR 15407); January
20, 1998, effective March 23, 1998 (63 FR 2896); September 18, 2000,
effective November 18, 2000 (65 FR 56256); August 23, 2001, effective
October 22, 2001 (66 FR 44307); August 20, 2002, effective October 21,
2002 (67 FR 53886 and 67 FR 53889); October 14, 2004, effective
December 13, 2004 (69 FR 60964); August 10, 2007, effective October 9,
2007 (72 FR 44973); February 7, 2011, effective April 8, 2011 (76 FR
6564); October 8, 2014, effective December 8, 2014 (79 FR 60756);
February 22, 2019, effective May 10, 2019 (84 FR 5650 and 84 FR 20549);
February 25, 2020, effective June 1, 2020 (85 FR 33026); and September
6, 2022, effective November 7, 2022 (87 FR 54398). The authorized
Florida program, through RCRA Cluster IV, was incorporated by reference
into the CFR on January 20, 1988, effective March 23, 1998 (63 FR
2896).
VI. What changes is the EPA authorizing with this action?
Florida submitted a complete PRA, dated September 1, 2023, seeking
authorization of changes to its hazardous waste management program in
accordance with 40 CFR 271.21. This application included changes
associated with Checklist 181 from RCRA Cluster X and Checklist 244
from RCRA Cluster XXX. The EPA has determined, subject to receipt of
written comments that oppose this action, that Florida's hazardous
waste program revisions are equivalent to, consistent with, and no less
stringent than the Federal program, and therefore satisfy all the
requirements necessary to qualify for final authorization. Therefore,
the EPA grants final authorization to Florida for the following program
changes:
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Table 1
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Description of Federal requirement Federal Register date and page Analogous state authority \1\
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Checklist 181, Universal Waste Rule: 64 FR 36466, 7/6/1999..................... 62-730.020(1)-(2); 62-
Specific Provisions for Hazardous 730.030(1); 62-730.180(1)-
Waste Lamps \2\. (2); 62-730.183; 62-
730.220(1); 62-730.185(1);
F.S. 403.7186.
Checklist 244, Canada Import Export 86 FR 54381, 10/1/2021.................... 62-730.160(1); 62-730.180(1)-
Recovery and Disposal Code Changes. (2).
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Notes:
\1\ The Florida regulatory provisions are from the Florida Administrative Code (F.A.C.) 62-730, effective April
21, 2023. The Florida statutory provisions are from the Florida Statutes Chapter 403, effective July 1, 2020.
\2\ In 1995, Florida added hazardous waste lamps as a category of universal waste in F.A.C. 62-737. In 1999, the
EPA added hazardous waste lamps as a category of universal waste at the Federal level in 40 CFR part 273 (64
FR 36466). Florida incorporates by reference all of 40 CFR part 273. Therefore, for completeness, the EPA is
authorizing Florida for Checklist 181.
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.
The EPA has determined that there are no regulations included in
Florida's program revisions listed in Table 1 above that are more
stringent or broader in scope than the Federal program.
Because of the Federal Government's special role in matters of
foreign policy, the EPA does not authorize States to administer the
Federal import/export functions associated with the Canada Import
Export Recovery and Disposal Code Changes Rule (Checklist 244).
Although Florida has adopted these regulations to maintain its
equivalency with the Federal program, it has appropriately maintained
the Federal references in order to reserve the EPA's authority to
implement these non-delegable provisions (see F.A.C. 62-730.020(3)(b)).
VIII. Who handles permits after the authorization takes effect?
When final authorization takes effect, Florida will issue permits
for all the provisions for which it is authorized and will administer
the permits it issues. The EPA will continue to administer any RCRA
hazardous waste permits or portions of permits that the EPA issued
prior to the effective date of authorization until they expire or are
terminated. The EPA will not issue any new permits or new portions of
permits for the provisions listed in the table above after the
effective date of the final authorization. The EPA will continue to
implement and issue permits for HSWA requirements for which Florida is
not yet authorized. The EPA has the authority to enforce State-issued
permits after the State is authorized.
IX. How does today's action affect Indian country in Florida?
Florida is not authorized to carry out its hazardous waste program
in Indian country within the State, which includes the lands associated
with the Seminole and Miccosukee tribes. 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 Florida's hazardous
waste program as authorized in this action?
Codification is the process of placing citations and references to
the State's statutes and regulations that comprise the State's
authorized hazardous waste program into the Code of Federal
Regulations. The EPA does this by adding those citations and references
to the authorized State rules in 40 CFR part 272. The EPA is not
codifying the authorization of Florida's revisions at this time.
However, the EPA reserves the ability to amend 40 CFR part 272, subpart
K, for the authorization of Florida's program changes at a later date.
XI. Statutory and Executive Order Reviews
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 Florida'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
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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 May 26, 2026.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, 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: March 9, 2026.
Kevin J. McOmber,
Regional Administrator.
[FR Doc. 2026-05862 Filed 3-25-26; 8:45 am]
BILLING CODE 6560-50-P
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