Rule2026-06395
Ohio: 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
April 2, 2026
Effective
April 2, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is granting Ohio final authorization for changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The Agency published a proposed rule on November 18, 2025, and provided for public comment. Ten substantive comments were received on Ohio's proposed revisions. These comments are addressed in this Final Authorization.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 63 (Thursday, April 2, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Rules and Regulations]
[Pages 16566-16578]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06395]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R05-RCRA-2025-1675; FRL 12244-02-R5]
Ohio: Authorization of State Hazardous Waste Management Program
Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final authorization.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA) is granting
Ohio final authorization for changes to its hazardous waste program
under the Resource Conservation and Recovery Act (RCRA). The Agency
published a proposed rule on November 18, 2025, and provided for public
comment. Ten substantive comments were received on Ohio's proposed
revisions. These comments are addressed in this Final Authorization.
DATES: The final authorization is effective on April 2, 2026.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-RCRA-2025-1675. All documents in the docket are listed on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information the disclosure of which is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Daniel Leonard, Land, Chemicals, and
Redevelopment Division, 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#bbd7ded4d5dac9df95dfdad5d2ded7fbdecbda95dcd4cd"><span class="__cf_email__" data-cfemail="3458515b5a5546501a50555a5d5158745144551a535b42">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. What changes to Ohio's hazardous waste program are EPA authorizing
with this 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. EPA reviewed
Ohio's application, determined that these changes satisfied all
requirements needed to qualify for final authorization, and on November
18, 2025, proposed to authorize the State's changes. 90 FR 51525 (Nov.
18, 2025) (the ``Authorization Proposal Notice''). EPA now makes a
final decision that Ohio's hazardous waste program revisions that are
being authorized 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. For a list
of State rules being authorized with this final authorization, please
see Table 1 and Table 2 in Section B.9. of this notice, below.
B. What comments were received on Ohio's proposed authorization and how
is EPA responding to these comments?
EPA received ten comments on its November 18, 2025 Authorization
Proposal Notice: two from nonprofit organizations questioning the
completeness of the docket and requesting more time for meaningful
comment; one from an industry group supporting authorization of Ohio's
revisions but questioning EPA's disclosure of exchanges with the Ohio
Environmental Protection Agency (Ohio EPA) on its application; two
individuals claiming the action was contrary to the Supremacy Clause of
the Constitution; one concerned with the impact of the action on
interstate waters; one concerned with Ohio EPA actions regarding his
facility and the State litigation that addressed his dispute; one
concerned with the impact of Per- and polyfluoroalkyl substances
(PFAS); and one who did not support authorizing states to implement
federal statutes that may have ``interstate implications in water
pollution.'' EPA also received a comment from Ohio EPA on revisions
that were not captured in the proposal. These comments are provided in
the docket for today's final action. See Docket ID No. EPA-R05-RCRA-
2025-1675 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
1. Comment Submitted by Citizens Rulemaking Alliance, EPA-R05-RCRA-
2025-1675-0012
Comment: One comment from Citizens Rulemaking Alliance questioned
whether EPA disclosed and made available the technical and legal basis
for proposed actions under the Administrative Procedure Act so that
interested persons may provide informed comments. These comments
alleged that EPA did not permit enough time and information for public
comment; considered EPA's Regulatory Flexibility Act (RFA)
certification conclusory and unsupported; sought clarification on the
Unfunded Mandates Reform Act (UMRA) and the Paperwork Reduction Act
(PRA); and said EPA should clearly distinguish ``broader-in-scope''
versus ``more stringent'' provisions and explain enforceability. The
comment requested that EPA place certain materials in the public
docket; provide explanations for its equivalency determinations; extend
the public comment period; and make statements regarding the RFA, UMRA,
and PRA.
EPA response: We first address the request for extension and
addition to the docket. The docket available at the time the proposal
went out for public comment on November 18, 2025, included Ohio EPA's
application for the revision to its authorized program, the State
regulations, a list of the checklists for which Ohio was seeking
authorization, the Attorney General statements, letters EPA exchanged
with Ohio EPA on its application, and the existing 2006 Memorandum of
Agreement (MOA). EPA also provided additional information in the
November 18, 2025, Authorization Proposal Notice, describing the rules,
citing to the federal notices that promulgated the federal rules for
which the State seeks authorization, describing those rules, providing
the State citations, and discussing differences between the federal
rules and the State rules, which were in the docket. See 90 FR 51625,
51627-29. The commenters did not specify concerns with specific state
rules. EPA initially provided 30 days for public comment, and later
extended the public comment period until January 23, 2026, providing a
total of 65 days to comment.
EPA is not extending the public comment period further. As
described in more detail below, the information in the docket and the
Federal Register notice did summarize the rules and the proposal to
authorize them, providing information that allowed for meaningful
comment. The Checklist numbers for the particular requirements EPA is
authorizing reference checklists that provide specific language
describing each federal requirement which the State rules were to
replace.\1\ The Authorization Proposal Notice, in Section G, further
identified which State provisions were different. See 90 FR 51625,
51628-29. At Section F, it told the public that EPA was proposing to
[[Page 16567]]
determine 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. See id. at 51627. The Authorization Proposal
Notice also included a table that identified each federal rule for
which the State was seeking authorization, cited the Federal Register
notice that promulgated the rule, and listed the State analogues to
each rule and their effective dates. See id. at 51627-28. Those State
regulations were in the docket. The correspondence and the Federal
Register notice available during the comment period also discussed
anticipated updates to the MOA. See id. at 51626 and the correspondence
with Ohio EPA in the docket.
---------------------------------------------------------------------------
\1\ See checklists at <a href="https://www.epa.gov/rcra/rule-checklists-applications-state-authorization-under-resource-conservation-and-recovery-act#list">https://www.epa.gov/rcra/rule-checklists-applications-state-authorization-under-resource-conservation-and-recovery-act#list</a>.
---------------------------------------------------------------------------
At Section B, the Authorization Proposal Notice stated that Ohio's
revision application 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. The statute and
regulations identify the terms EPA referenced in EPA's authorization
analysis, and there is also guidance online on those terms.\2\
Assessing equivalency under Section 3006(b) of RCRA, 42 U.S.C. 6926,
and stringency under Section 3009 of RCRA, 42 U.S.C. 6929, involves
comparing the State regulations to the federal regulations and/or
checklists. Consistency is defined at 40 CFR 271.4, and the criteria
for adequate enforcement authority is set forth at 40 CFR 271.16. As
noted above, EPA cited checklists with the regulatory wording; provided
a table citing and summarizing the Federal Register promulgating the
federal regulations and identified differences.
---------------------------------------------------------------------------
\2\ See the September 7, 2005 ``Memorandum on Determining
Equivalency of State RCRA Hazardous Waste Programs'' at <a href="https://rcrapublic.epa.gov/files/14782.pdf">https://rcrapublic.epa.gov/files/14782.pdf</a> and the December 23, 2014
``Memoranda on Determining Whether State Program Requirements are
More Stringent or Broader in Scope than the Federal RCRA Program''
at <a href="https://rcrapublic.epa.gov/files/14848.pdf">https://rcrapublic.epa.gov/files/14848.pdf</a>.
---------------------------------------------------------------------------
With respect to the RFA, EPA certified in the Authorization
Proposal Notice 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.). At this point, EPA is
authorizing State requirements already in place and enforceable under
State law.
For the same reason, this action does not contain an unfunded
mandate as described in the UMRA, 2 U.S.C. Sec. Sec. 1531-1538 and
does not significantly or uniquely affect small governments. The action
imposes no enforceable duty on any state, local or tribal governments
or the private sector.
A more detailed analysis under the RFA and UMRA can be found in the
Federal Register notices cited in the Authorization Proposal Notice. It
was in those earlier promulgations that EPA imposed the RCRA
obligations for which it is authorizing equivalent State analogues. The
State also would have promulgated its equivalent state regulations in
accordance with state law.
The Authorization Proposal Notice also indicated that 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.). It
references the definition of ``Burden'' at 5 CFR 1320.3(b), which at
(b)(3) clarifies that collection of information conducted or sponsored
by a Federal agency that is also conducted or sponsored by a unit of
State, local, or tribal government is presumed to impose a Federal
burden except to the extent that the agency shows that such State,
local, or tribal requirement would be imposed even in the absence of a
Federal requirement.
EPA observes that the PRA does not apply to all Agency actions.
That statute imposes requirements when EPA conducts or sponsors a
collection of information using identical questions posed to, or
reporting or recordkeeping requirements imposed on, ten or more
persons; and also provides exemptions. For example, EPA's enforcement
action information collections are exempt from PRA requirements. The
State enforces its regulations, including its information collection
provisions, pursuant to State law. This authorization action itself is
not a collection of information as defined by 44 U.S.C. 3502(3).
EPA has followed the Administrative Procedure Act requirements for
rulemakings. Under the Administrative Procedure Act, an agency
promulgating rules by notice and comment rule-making must provide ``a
concise general statement of (the rules') basis and purpose'' 5 U.S.C.
553(c). This statement need not be comprehensive, but it must indicate
sufficiently the agency's reasons for the rules selected, so that the
reviewing court is not faced with the task of ``rummaging'' through the
record to elicit a rationale on its own. Connecticut Light & Power Co.
v. Nuclear Regulatory Com., 673 F.2d 525, 534-535 (D.C. Cir. 1982). For
proposed rules, the APA requires either the terms or substance of the
proposed rule or a description of the subjects and issues involved. See
5 U.S.C. 553(b)(3). EPA provided its legal authority and a description
of the subjects and issues involved, and summarized its proposed action
as discussed above.
As discussed above, EPA is authorizing revisions to the authorized
State program on the basis that the revisions are equivalent to the
federal revisions EPA previously adopted after notice and comment; the
State has adequate authority to enforce the revised program; and the
requirements are consistent with the Federal program and applicable
programs in other States. The State rules were also previously adopted
by the State under its laws, including Ohio's own Administrative
Procedure Act at Ohio Rev. Code Chapter 119, and are already
enforceable under State law. Upon authorization, EPA can enforce them
as well, in lieu of the federal regulations cited, under RCRA section
3006(b). As mentioned in Section K of the Authorization Proposal
Notice, this action authorizes State requirements for the purpose of
RCRA section 3006 and imposes no additional requirements beyond those
imposed by State law.
Please note that while EPA followed the rulemaking \3\ provisions
of the Administrative Procedure Act, any appeal of this RCRA section
3006 authorization action must be brought under Section 7006(b) of
RCRA, 42 U.S.C. 6976(b), as provided by the RCRA statute. Under RCRA
section 7006(b), any judicial review shall be in accordance with 5
U.S.C. 701-706.
---------------------------------------------------------------------------
\3\ We note RCRA section 7006 addresses authorizations at
subsection (b), separately from rulemakings and adjudications, which
are addressed in (a).
---------------------------------------------------------------------------
2. Comment Submitted by Chad Hughes, Environmental Law & Policy Center,
and Nathan Johnson, Ohio Environmental Council, EPA-R05-RCRA-2025-1675-
0018
Comment: One joint comment from two environmental organizations
makes the claim that EPA's decision to authorize Ohio EPA's program is
premature. It cites the failure to finalize changes to the MOA as the
reason EPA has failed to provide interested parties with meaningful
notice of the proposed revisions and ensure that programs are at least
as stringent as federal law, and says this is arbitrary and capricious
and otherwise unlawful because it deprives the public of adequate
notice, conflicts with EPA's regulations and fails to ensure that Ohio
programs meet minimum federal standards.
EPA response: EPA and Ohio EPA have since executed an updated MOA
on February 26, 2026. That MOA has
[[Page 16568]]
been placed in the Docket, No. EPA-R05-RCRA-2025-1675-0021. EPA
provided an explanation of anticipated changes to the MOA in the Notice
of Proposed Action and the correspondence in the docket. Thus, the
public, including these commenters, had an opportunity to comment on
the changes or the changes needed. The final MOA reflects those changes
described in the proposed rule, so there is no procedural error as
asserted in the comment. Notably, the commenter does not propose edits
to the existing MOA that was in the docket at the time the comment
period started or identify substantive concerns about the updated MOA
that is now in effect.
EPA has followed its public comment procedures at 40 CFR 271.21,
which governs procedures for revision of State hazardous waste
programs, provides that EPA's public notice shall summarize the State
program revision, indicate whether EPA intends to approve or disapprove
the revision, and provide for an opportunity to comment for a period of
30 days.
Based on the application submissions and Ohio's commitments to
address concerns regarding the use of exemptions and variances for RCRA
permits, EPA has determined that Ohio's application for program
revision meets the standards for approval. While EPA did not require
the updated MOA before authorization approval, EPA and Ohio did indeed
negotiate an updated MOA memorializing the Agencies' commitments. See
the February 26, 2026 MOA in the Docket No. EPA-R05-RCRA-2025-1675-
0021. That update is a logical outgrowth of the discussion in the
proposal regarding Ohio EPA's commitments to ensure common
understanding and efficient coordination for any future proposal to
issue an exemption or variance and that we would be memorializing those
commitments in an MOA. At the time the proposal was published, on
November 18, 2025, the docket included the then-existing MOA, the
letters exchanged with Ohio on its application and the background
discussion in the Authorization Approval Notice itself, letting the
public know that Ohio EPA had made commitments to EPA and agreed to
revise its MOA to address exemptions. EPA appreciates Ohio EPA's
investment and cooperation towards negotiating an updated MOU prior to
authorization.
The comment reads the provision in 40 CFR 271.21(b)(1) that the
State shall submit a modified program description, Attorney General's
statement, Memorandum of Agreement, or such other documents as EPA
determines to be necessary under the circumstances, to require all of
those documents in every circumstance; but the use of ``or'' in the
phrase ``or such other documents as EPA determines to be necessary''
gives EPA the discretion to determine what is needed for each revision
application. This can vary with the extent and substance of the
revisions. EPA placed in the docket the then-existing MOA and
identified potential changes to that document that were subsequently
memorialized in an updated MOA.
The response to comment 1 above summarizes information in the
docket and reflects that EPA is not extending the comment period
further.
3. Comment Submitted by Ohio Environmental Service Industries, EPA-R05-
RCRA-2025-1675-0016
Comment: One comment expressed dissatisfaction with the tone of
portions of the proposed rule, particularly Section B, ``What decisions
has EPA made in this proposed rule?'', as well as EPA's decision to
include background documents in the public docket (for example, EPA-
R05-RCRA-2025-1675-0006, EPA-R05-RCRA-2025-1675-0007, and EPA-R05-RCRA-
2025-1675-0008), which the commenter considered unnecessary and
unrelated. The comment interpreted EPA's inclusion of this information
to have been adversarial and requested clarification that EPA is
committed to cooperation with State agencies.
EPA response: EPA regrets any misunderstanding its description and
documentation of its review of Ohio's RCRA program revisions created.
EPA is strongly committed to cooperative federalism and supports Ohio
EPA's implementation of its authorized RCRA program. EPA is taking
final action to authorize Ohio's RCRA program revisions and will
continue to work cooperatively with Ohio as it implements the newly
approved provisions. The background discussion in Section B of the
proposed rule summarized for the public a topic to be addressed in the
new MOA, and the inclusion of official correspondence on this matter
shows how Ohio EPA has been working with EPA to address comments on the
State's application. As noted, EPA appreciates Ohio EPA's diligence in
addressing questions and comments on its authorization revision
application, as well as our joint efforts to negotiate an updated MOA.
EPA's decision to include this description and materials in the
proposal was to provide this context and transparency.
With respect to the alleged sharing of inter-agency documents, EPA
notes the term Inter-agency is confined to federal agencies for
purposes of the Freedom of Information Act, which defines ``agency'' to
mean each authority of the Government of the United States at 5 U.S.C.
551(1). For example, the Sixth Circuit held that ``[t]o be inter-agency
memorandums or letters, RFAs must have been sent from an authority of
the Government of the United States to an authority of the Government
of the United States,'' in Lucaj v. FBI, 852 F.3d 541, 547 (6th Cir.
2017). Further, the correspondence in the file became final when it was
signed.
4. Anonymous Comment, EPA-R05-RCRA-2025-1675-0014, and Comment
Submitted by Grace Jennings, EPA-R05-RCRA-2025-1675-0015
Comment: Two comments claimed EPA's action would be
unconstitutional under the Supremacy Clause of the U.S. Constitution by
allowing a state program to operate in contravention of Federal law.
These comments claimed that this authorization would permit Ohio to
have lower standards than the Federal RCRA program, and additionally
that this authorization would permit releases of hazardous waste into
the Ohio River watershed.
EPA response: EPA does not agree with comments stating that this
authorization violates the Supremacy Clause of the U.S. Constitution by
allowing a state program to operate or that this is in contravention of
Federal law. As stated previously, a hallmark of the Federal hazardous
waste program centers on the idea that a partnership between federal,
state, and local governments will have the most impactful results and
that regulating hazardous waste is the prerogative of state and local
governments in accordance with federal standards. However, a state's
authority to operate a hazardous waste program in lieu of the Federal
program requires a state's successful application for such authority,
which is to be granted when a state shows that it is prepared to
implement and capable of implementing a program that meets or exceeds
the standards of the Federal program. The federal RCRA statute provides
for authorization of state programs when standards are met, and EPA
finds that Ohio's application has met the standards for approval, will
meet or exceed the same requirements of the Federal program, and is
therefore not contrary to law.
Concerning the risk of hazardous waste pollution of the Ohio River
watershed, neither the Federal RCRA program nor State authorized
programs allow for unmanaged disposal of waste.
[[Page 16569]]
RCRA outlines a ``cradle to grave'' management system, strictly
regulating hazardous waste from the point of generation to its final
disposal. These standards are designed to minimize, not allow, the
release of hazardous waste into the environment and clean up such
releases should they occur. Permits issued by EPA or an authorized
State agency come with strict regulatory requirements that facilities
must comply with in order to treat, store, or dispose of hazardous
waste.
5. Comment Submitted by Jesser Gandoul, EPA-R05-RCRA-2025-1675-0020
Comment: One comment expressed concern that the Federal government
was ceding its authority to regulate interstate commerce to a State and
claimed that this action would have implications in potential
interstate water pollution.
EPA response: In this action, EPA is making a determination on
whether to authorize revisions to Ohio's authorized hazardous waste
program under Section 3006(b) of RCRA, and has considered the
equivalence, adequate enforcement, and consistency of the State's
program, as required by RCRA. RCRA regulates the generation, transport,
and treatment, storage and disposal (TSD) of hazardous waste and the
permitting of hazardous waste TSD facilities. It authorizes imposing
requirements on such facilities necessary to protect human health and
the environment. See RCRA section 3005(c)(3), 42 U.S.C. 6925(c)(3).
Congress explicitly provided for the authorization of State RCRA
programs. Section 3006(b) of RCRA says states are authorized to carry
out their program in lieu of the Federal program under Subtitle C of
RCRA and to issue and enforce permits for the storage, treatment, or
disposal of hazardous waste unless EPA notifies such State that such
program may not be authorized based on findings that:
(1) such State program is not equivalent to the Federal program,
(2) such program is not consistent with the Federal or State
programs applicable in other States, or (3) such program does not
provide adequate enforcement of compliance with the requirements of
this subchapter.
42 U.S.C. 6926(b). As noted in the Federal Register Notice for the
Proposed Authorization, Ohio was authorized to administer the RCRA
program in Ohio effective June 30, 1989, and has applied for
authorization of revisions to that program that would implement
requirements EPA has added to the federal RCRA Program. See 90 FR
51625, 51626-28.
This comment, like the previous comment, appears to focus on the
impact of the authorization on water pollution. It is the Clean Water
Act (CWA), rather than RCRA, that governs permits for discharges to
Waters of the United States. While multiple rivers do cross through and
out of Ohio, the authorized State RCRA program generally regulates
hazardous waste facilities located ``in such State'' as discussed at
Section 3006(b) of RCRA, 42 U.S.C. 6926(b). The comment does not
explain why Ohio's increased regulation of hazardous waste facilities
located within the State would hurt interstate waters. RCRA permits do
not authorize discharges into rivers. A comment must provide enough
facts and reasoning to show the agency what the issue is and how it is
relevant to the agency's aims. See Oakbrook Land Holdings, LLC v.
Comm'r, 28 F.4th 700, 714 (6th Cir. 2022) (quoting Vermont Yankee, 435
U.S. at 553; Home Box Office, Inc., 567 F.2d at 35 n.58.). EPA's aim is
to determine if Ohio's revised program meets RCRA requirements.
Furthermore, EPA's authorization of the revisions to Ohio's
existing authorized RCRA program will not only give Ohio a greater role
in administering RCRA permitting at facilities in Ohio, as contemplated
by Section 3006(b) of RCRA, but also allow EPA to enforce more RCRA
requirements in the State of Ohio. RCRA provisions not promulgated
under the Hazardous and Solid Waste Amendments (HSWA) of 1984 do not go
into effect in an authorized State until EPA authorizes a State for
their equivalent analogues. Section 3006(g)(1) of RCRA only authorizes
requirements imposed pursuant to HSWA to take effect in authorized
States on the same date as they take effect in states that are not
authorized (e.g., Iowa). After EPA authorizes the State for non-HSWA
provisions, EPA, as well as the State, will be able to enforce such
provisions in Ohio. EPA retains its enforcement authorities at 3007 and
3008 of RCRA when it authorizes a State, although it would be enforcing
the authorized State requirements under 3008(a). EPA has found the
State provisions it is authorizing in this action to be equivalent to
and no less stringent than their federal counterparts, and also that
the State has adequate enforcement authority to enforce the State
requirements. This action increases RCRA regulation of hazardous waste
facilities in Ohio.
This action also effectively allows regulated entities to be
covered under a single RCRA permit in Ohio, because EPA has had to
issue a separate subpart AA, BB, and CC component of RCRA permits since
those are HSWA provisions for which EPA carries out such requirements
under 3006(g)(1) until the State is authorized for them. Having all
RCRA requirements contained in a single permit facilitates compliance.
With respect to releases from TSD facilities, Ohio EPA was
authorized for the HSWA Corrective Action requirements effective
December 23, 1996. See 61 FR 64950 (Oct. 23, 1996). Ohio already
administers those requirements in its RCRA permits. EPA retains its
authority to require corrective action at interim status facilities
under RCRA section 3008(h). In this authorization, Ohio and EPA have
updated the MOA to include more information on coordinating corrective
action activities. Among other things, the State has agreed to promote
rapid achievement of cleanups while protecting human health and the
environment; and EPA has agreed to provide appropriate and relevant
support to the State. See 2026 MOA at pp. 19-20, in Docket No. EPA-R05-
RCRA-2025-1675-0021. The 2006 MOA did not provide as much detail on
corrective action. This action could thus enhance corrective action.
Furthermore, EPA does consider the effect of authorization on
interstate commerce when it evaluates the requirement that the State
program be consistent with the Federal or State programs applicable in
other states, pursuant to RCRA section 3006(b). 40 CFR 271.4, which
governs consistency, places limits on a State program's ability to
restrict or impede the movement of hazardous waste across state lines
or to ban a type of treatment, storage or disposal of hazardous waste.
As discussed above, EPA has considered whether the authorized
program is consistent with the Federal or State programs applicable in
other states. Furthermore, neither this authorization nor the
requirements EPA is authorizing endanger interstate waters.
6. Comment Submitted by Ed McCabe, McCabe Engineering & Consulting,
EPA-R05-RCRA-2025-1675-0009
Comment: Ed McCabe of McCabe Engineering & Consulting made claims
about Ohio EPA's implementation of its authorized program, referring to
specific alleged fraud in specific cases and at a specific facility.
The comment also refers to Ohio EPA making unsatisfactory state-
initiated changes to its Voluntary Action Program (VAP) rules.
As a supplement, Mr. McCabe provided an email dated November 19,
[[Page 16570]]
2025, to EPA forwarding an email he sent to someone at <a href="http://kent.edu">kent.edu</a>,
requesting that EPA add that email to the comments he submitted. That
email has been added to the record and appears to concern a private
contract and State enforcement of a closure plan for the commenter's
facility, arguing that Ohio EPA had made misrepresentations of fact in
this prior case.
EPA Response: While this comment makes broad allegations, it does
not provide details to support those allegations. The commenter seems
to be referring to allegations to which EPA responded as far back as
2012, regarding the commenter's acquisition of a RCRA facility on Irwin
Street in Dayton, Ohio, in 1997, from Republic Environmental Systems
Inc. (Republic), a 1999 release of excess funds from a closure trust
fund set up by the Republic, State enforcement of a closure plan
approved in 1998, and litigation between Mr. McCabe and Ohio EPA in
State ex rel. Rogers v. Rep. Envtl. Sys., Docket Nos. 23513, 23644,
23723, 2010 Ohio App. LEXIS 4656 (Ohio Ct. App. Nov. 12, 2010); McCabe
Corp. v. Ohio EPA, Docket No. 2009-01476, 2012 Ohio Misc. LEXIS 89
(Ohio Ct. Claims Feb. 3, 2012); McCabe Corp. v. Ohio EPA, Docket No.
12AP-204, 2012 Ohio App. LEXIS 5406 (Ohio Ct. App. Dec. 31, 2012),
State ex rel. DeWine v. Republic Envtl. Sys., 943 NE2d 573 (Ohio 2011);
and more recently in State v. Republic Envtl. Sys., Docket No. 26492,
2015 Ohio App. LEXIS 4049 (Ohio Ct. App. Sep. 30, 2015). EPA is
including its correspondence in the record and citing to State court
decisions that already have ruled on Mr. McCabe's allegations against
the State. EPA did not find violations of State program requirements in
its 2012 review of this matter.
The comment also includes allegations unrelated to EPA's Action.
Mr. McCabe has also added a reference to rule changes in Ohio's VAP
rules (at Ohio Administrative Code chapter 3745-300) but does not
explain what the changes were or how they affect Ohio's RCRA program.
Moreover, EPA has not authorized the Ohio VAP as part of Ohio's
authorized RCRA program and is not authorizing VAP provisions in this
authorization. Most of Mr. McCabe's allegations have been addressed or
are being addressed in the State court system before judges who apply
the rules of evidence in evaluating the relevance, reliability and
admissibility of such evidence.
As discussed above, our aim in this action is to determine whether
Ohio's revision application meets the requirements for authorization
set forth at RCRA section 3006 and 40 CFR part 271. EPA previously
looked into the allegations regarding Mr. McCabe's transactions from
the 1990s that were referenced in the comment and the related court
decisions and previously responded to the commenter. EPA did not find
violations of RCRA State program requirements.
The commenter was not denied an opportunity to challenge the State
action or to appeal the adverse decision which the trial court rendered
in his case. The dispute has already been litigated in the State
courts. The State Supreme court issued a ruling in 2011, 15 years ago.
The State courts are the appropriate forum to hear this commenter's
allegations, and while the decisions issued may not have been favorable
to the commenter, his allegations have been heard and considered in
appeals through the State court system. EPA's authorization of a State
program revision does not create a new avenue for appeal of State court
decisions in the commenter's cases.
In this action, EPA is determining whether the State's revised
program meets the requirements for authorization under RCRA. While EPA
would look at how a state implements its program and whether it has
adequate authority to enforce the requirements of that program,
allegations that the state lacks such authority or otherwise is failing
to implement its hazardous waste program need to be substantiated.
Furthermore, this comment does not specify any authorization
requirements for state programs in RCRA or the regulations at 40 CFR
part 271 that were violated. While EPA looked at the impact of cases on
State authorities, the State court decisions here did not strike down,
or limit Ohio EPA's authorities as described in 40 CFR
271.22(a)(1)(ii). In fact, they upheld State authority. Nor does the
comment allege that Ohio EPA failed to enforce the requirements of its
hazardous waste program. Moreover, the comment does not explain how
Ohio's current revised program fails to meet the requirements for State
authorization. The State program revisions are equivalent to and as
stringent as EPA's analogous federal requirements, the State has
adequate authority to enforce those requirements, and the State program
is consistent as defined in 40 CFR 271.4. EPA has determined that
Ohio's revised RCRA program meets the requirements for authorization.
7. Comment Submitted by Julia Dyjak, EPA-R05-RCRA-2025-1675-0017
Comment: One comment was concerned about the potential for release
of PFAS into groundwater. The commenter worried that regulated entities
might dilute certain substances as a method of disposal or a substitute
for treatment.
EPA response: This comment is concerned with releases into
groundwater and PFAS. As a preliminary matter, RCRA is an existing law,
and EPA is implementing RCRA section 3006 and its regulations at 40 CFR
part 271 in authorizing a state program. As discussed above, RCRA
imposes requirements on the management of hazardous waste to protect
human health and the environment. This law does not encourage dilution
nor allow dilution as a substitute for treatment; rather, dilution is
expressly prohibited as a substitute for treatment by the Federal
program at 40 CFR 268.3 and Ohio EPA has been authorized for its
prohibition of impermissible dilution at OAC 3745-270-03 since January
20, 2006. See 71 FR 3220. Ohio EPA regulates hazardous waste and owners
and operators of hazardous waste facilities. As mentioned in the
response to comment 5, authorizing the State's revised hazardous waste
program would enhance both the State's and EPA's ability to enforce
requirements and require corrective action for releases of hazardous
waste and hazardous waste constituents at RCRA regulated facilities.
Further, this authorization action does not address the regulation
of PFAS, nor does it enact any new laws related to PFAS or dilution.\4\
---------------------------------------------------------------------------
\4\ Thus, we do not find the commenter's concerns relevant to
this action such that the Agency should deny authorization for the
revision to Ohio's program. To learn about EPA's work to study and
address PFAS, please visit <a href="https://www.epa.gov/pfas">https://www.epa.gov/pfas</a>.
---------------------------------------------------------------------------
8. Anonymous Comment, EPA-R05-RCRA-2025-1675-0013
Comment: One anonymous public comment expressed a desire for
hazardous waste management to be a Federal-only program, worrying about
transparency and accountability.
EPA response: RCRA was enacted in 1976 by Congress to address the
problems the nation faced from the growing volume of municipal and
industrial waste, which had become an increasing threat to human health
and the environment.
Even before Congress undertook legislation aimed at regulating
solid waste in RCRA, the Federal government was aware that localized
resources would be critical in implementing laws aimed at reducing the
negative impacts of pollution and industrial waste. In 1965, President
Lyndon B. Johnson
[[Page 16571]]
remarked on the importance of partnerships between the Federal
government and local entities, including states, in this regard. Under
RCRA, Congress further stated that while the Federal government had an
interest in waste disposal, which had become a national issue, the
collection and disposal of solid waste was primarily a function of
State, regional and local agencies.
Codified at 42 U.S.C. 6926, RCRA's provisions for authorized state
hazardous waste programs require that the Administrator of the EPA
promulgate guidelines to assist states in developing their own state
hazardous waste programs. Under paragraph (b) of that section, states
may submit an application to the EPA Administrator to carry out their
own hazardous waste program in lieu of the Federal program if the state
program: (1) is equivalent to the Federal program, (2) is consistent
with the Federal program and applicable programs in other states, and
(3) provides adequate enforcement of compliance with the requirements
of RCRA. These requirements ensure that states' hazardous waste
programs implementing the provisions of RCRA are protective of human
health and the environment to at least the same extent as they would be
by the federal government.
Concerning issues of transparency and accountability, Sections 3007
and 3008 of RCRA, 42 U.S.C. 6927 and 6928, provide EPA with the
authority to enter, inspect, and order compliance at all RCRA-regulated
facilities that fall under the authority of a state's hazardous waste
program. EPA takes an active role in the oversight of state-permitted
facilities. RCRA also provides for oversight of state programs. Section
6926(e) of RCRA authorizes EPA to withdraw a state program whenever it
determines, after public hearing, notification of the state and an
opportunity to take corrective action, that a state is not
administering and enforcing an authorized program in accordance with
requirements of Section 3006. See 42 U.S.C. 6926(e). EPA has
promulgated standards for state programs at 40 CFR part 271.
Additionally, RCRA requires public participation in multiple aspects of
the administration of the state RCRA program, and there is an online,
publicly available compendium of hazardous waste rules and a database
of all permitted facilities on the State of Ohio website. RCRA provides
for public participation at 42 U.S.C. 6974. Ohio's program is required
to comply with the Part 124 public participation requirements set forth
at 40 CFR 271.14, and to provide for public participation in
enforcement proceedings as set forth in 40 CFR 271.16(d). This
authorization does not change those requirements; rather, it only adds
provisions for which Ohio's program is to be authorized.
9. Comment Submitted by Ohio EPA, EPA-R05-RCRA-2025-1675-0019
Comment: EPA received a lengthy comment from Ohio EPA, the
applicant in this action. Ohio EPA's comment indicated that the
proposed rule made twelve errors and misconstrued parts of Ohio EPA's
original application for authorization.
EPA response: EPA agrees that in some instances the proposed rule
does not correctly match parts of the State's application for
authorization, particularly the program description (docket ID EPA-R05-
RCRA-2025-1675-0004). This final rule reflects the corrections
requested by Ohio EPA.
C. 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
authorization for changes to the Ohio program effective June 7, 1991
(56 FR 14203, April 8, 1991) supplemented 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 15966, March 19, 2012); effective February 12,
2018 (83 FR 5948, February 12, 2018); and effective September 26, 2019
(84 FR 50766, September 26, 2019).
D. What changes are we finalizing with this action?
Table 1--Ohio's Analog to the Federal Requirements
----------------------------------------------------------------------------------------------------------------
Federal Register Analogous state authority (Ohio
Description of Federal date and page (and/ administrative code) rules, and
Rule checklist requirement or RCRA statutory the rule effective date being
authority) authorized
----------------------------------------------------------------------------------------------------------------
79.............................. Hazardous Waste 55 FR 25454; June 3745-50-11, 3745-50-44, 3745-51-
Treatment, Storage, 21, 1990. 06,\g\ 3745-54-13, 3745-54-15,
and Disposal 3745-54-73, 3745-54-77, 3745-65-
Facilities--Organic 13, 3745-65-15, 3745-65-73, 3745-
Air Emission Standards 65-77, 3745-205-30, 3745-205-31,
for Process Vents and 3745-205-32, 3745-205-33, 3745-
Equipment Leaks 205-34, 3745-205-35, 3745-205-
(subparts AA, BB). 36, 3745-205-50, 3745-205-52,
3745-205-53, 3745-205-54, 3745-
205-55, 3745-205-56, 3745-205-
57, 3745-205-58, 3745-205-59,
3745-205-60, 3745-205-61, 3745-
205-62, 3745-205-63, 3745-205-
64, 3745-205-65, 3745-256-30,
3745-256-32, 3745-256-33, 3745-
256-34, 3745-256-35, 3745-256-
50, 3745-256-52, 3745-256-53,
3745-256-54, 3745-256-55, 3745-
256-56, 3745-256-57, 3745-256-
58, 3745-256-59, 3745-256-60,
3745-256-61, 3745-256-62, 3745-
256-63, 3745-256-64; effective
June 12, 2023.
87.............................. Organic Air Emission 56 FR 19290; April 3745-50-44, 3745-65-13, 3745-65-
Standards for Process 26, 1991. 73, 3745-205-30, 3745-205-33,
Vents and Equipment 3745-205-35, 3745-205-52, 3745-
Leaks; Technical 256-30, 3745-256-34, 3745-256-
Amendment. 35, 3745-256-52, 3745-256-64;
effective June 12, 2023.
[[Page 16572]]
154............................. Hazardous Waste 61 FR 59931; 3745-50-11, 3745-50-44, 3745-51-
Treatment, Storage, November 25, 1996. 06,\g\ 3745-54-13, 3745-54-15,
and Disposal 3745-54-73, 3745-54-77, 3745-55-
Facilities and 79, 3745-55-100, 3745-56-32,
Hazardous Waste 3745-57-91, 3745-65-01,\g\ 3745-
Generators; Organic 65-13, 3745-65-15, 3745-65-73,
Air Emission Standards 3745-65-77, 3745-66-78, 3745-66-
for Tanks, Surface 102, 3745-67-31, 3745-205-33,
Impoundments, and 3745-205-34, 3745-205-35, 3745-
Containers (subpart 205-50, 3745-205-55, 3745-205-
CC). 58, 3745-205-80, 3745-205-82,
3745-205-83, 3745-205-84, 3745-
205-85, 3745-205-86, 3745-205-
87, 3745-205-88, 3745-205-89,
3745-205-90, 3745-256-30, 3745-
256-33, 3745-256-34, 3745-256-
35, 3745-256-50, 3745-256-55,
3745-256-58, 3745-256-64, 3745-
256-80, 3745-256-81, 3745-256-
82, 3745-256-83, 3745-256-84,
3745-256-85, 3745-256-86, 3745-
256-87, 3745-256-88, 3745-256-
89, 3745-256-90; effective June
12, 2023.
163............................. Hazardous Waste 62 FR 64635; 3745-50-44, 3745-54-15, 3745-54-
Treatment, Storage, December 8, 1997. 73, 3745-65-15, 3745-65-73, 3745-
and Disposal 205-30, 3745-205-31, 3745-205-
Facilities and 33, 3745-205-50, 3745-205-60,
Hazardous Waste 3745-205-62, 3745-205-64, 3745-
Generators; Organic 205-80, 3745-205-82, 3745-205-
Air Emission Standards 83, 3745-205-84, 3745-205-85,
for Tanks, Surface 3745-205-86, 3745-205-87, 3745-
Impoundments, and 205-89, 3745-256-30, 3745-256-
Containers; Amendments. 33, 3745-256-50, 3745-256-60,
3745-256-62, 3745-256-64, 3745-
256-80, 3745-256-81, 3745-256-
82, 3745-256-83, 3745-256-84,
3745-256-85, 3745-256-86, 3745-
256-87, 3745-256-88, 3745-256-
90; effective June 12, 2023.
177............................. Hazardous Waste 64 FR 3381; 3745-205-31, 3745-205-80, 3745-
Treatment, Storage, January 21, 1999. 205-83, 3745-205-84, 3745-205-
and Disposal 86, 3745-256-80, 3745-256-84,
Facilities and 3745-256-85, 3745-256-87;
Hazardous Waste effective June 12, 2023.
Generators; Organic
Air Emission Standards
for Tanks, Surface
Impoundments, and
Containers; Final Rule.
205............................. National Emission 69 FR 22601; April 3745-205-50, 3745-256-50;
Standards for 26, 2004. effective June 12, 2023.
Hazardous Air
Pollutants (NESHAP):
Surface Coating of
Automobiles and Light-
Duty Trucks.
219............................. Definition of Solid 73 FR 64667; 3745-50-10,\g\ 3745-50-15, 3745-
Waste (DSW) rule. October 30, 2008. 50-16, 3745-50-17, 3745-50-23,
3745-50-26, 3745-50-51, 3745-51-
01, 3745-51-02, 3745-51-04, 3745-
51-140, 3745-51-142, 3745-51-
143, 3745-51-147, 3745-51-148,
3745-51-151; effective June 12,
2023.
231............................. Hazardous Waste 79 FR 7518; 3745-50-02, 3745-50-10,\g\ 3745-
Manifest Revisions-- February 7, 2014. 52-20, 3745-52-24, 3745-52-25,
Standards and 3745-53-20 rescinded, 3745-53-20
Procedures for E- new, 3745-53-25, 3745-54-71
Manifests [phase 1]. rescinded, 3745-54-71 new, 3745-
65-71 rescinded, 3745-65-71 new;
effective October 5, 2020.
233 A........................... Revisions to the 80 FR 1694; 3745-50-16, 3745-50-24, 3745-50-
Definition of Solid January 13, 2015. 26; effective June 12, 2023.
Waste: Changes
Affecting All Non-
Waste Determinations
and Variances.
233 B........................... Revisions to the 80 FR 1694; 3745-50-10,\g\ 3745-50-17, 3745-
Definition of Solid January 13, 2015 51-02; effective June 12, 2023.
Waste: Legitimacy- and 83 FR 24664;
Related Provisions, May 30, 2018.
Including Prohibition
of Sham Recycling,
Definition of
``Legitimacy,''
Definition of
``Contained''.
233 C........................... Revisions to the 80 FR 1694; 3745-51-01; effective June 12,
Definition of Solid January 12, 2015. 2023.
Waste: Speculative
Accumulation.
233 D2.......................... Revisions to the 80 FR 1694; 3745-50-10,\g\ 3745-50-15, 3745-
Definition of Solid January 13, 2015 50-23, 3745-50-24, 3745-50-26,
Waste: Exclusions and and 83 FR 24664; 3745-50-51, 3745-51-01, 3745-51-
Non-Waste May 30, 2018. 02, 3745-51-04, 3745-51-140,
Determinations. 3745-51-142, 3745-51-143, 3745-
51-147, 3745-51-148, 3745-51-
151, 3745-51-400, 3745-51-410,
3745-51-411, 3745-51-420;
effective June 12, 2023.
233 E........................... Revisions to the 80 FR 1694; 3745-50-10,\g\ 3745-51-02, 3745-
Definition of Solid January 13, 2015. 51-04, 3745-51-170, 3745-51-190,
Waste: Remanufacturing 3745-51-191, 3745-51-193, 3745-
Exclusion. 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, 3745-51-752, 3745-
51-753, 3745-51-754, 3745-51-
755, 3745-51-756, 3745-51-757,
3745-51-758, 3745-51-759, 3745-
51-760, 3745-51-761, 3745-51-
762, 3745-51-763, 3745-51-764,
3745-51-780, 3745-51-781, 3745-
51-782, 3745-51-783, 3745-51-
784, 3745-51-786, 3745-51-787,
3745-51-788, 3745-51-789;
effective June 12, 2023.
[[Page 16573]]
235............................. Disposal Of Coal 80 FR 21302; April 3745-51-04; effective October 5,
Combustion Residuals 17, 2015. 2020.
from Electric
Utilities (Hazardous
Waste CCR Rule).
238 A........................... Confidentiality 82 FR 60894; 3745-50-02; effective October 5,
Determinations for December 26, 2017. 2020.
Hazardous Waste Export
and Import Documents.
240............................. Safe Management of 83 FR 61552; 3745-50-10,\g\ 3745-51-04, 3745-
Recalled Airbags. November 30, 2018. 52-14; effective October 5,
2020.
241............................. Management Standards 84 FR 5816; 3745-50-10,\g\ 3745-50-11, 3745-
for Hazardous Waste February 22, 2019. 50-45,\g\ 3745-51-04, 3745-51-
Pharmaceuticals, and 07, 3745-51-33, 3745-52-10
Amendment to the P075 rescinded, 3745-52-10 new, 3745-
Listing for Nicotine. 52-13, 3745-52-14, 3745-54-
01,\g\ 3745-65-01,\g\ 3745-266-
500, 3745-266-501, 3745-266-502,
3745-266-503, 3745-266-504, 3745-
266-505, 3745-266-506, 3745-266-
507, 3745-266-508, 3745-266-509,
3745-266-510, 3745-270-07, 3745-
270-50, 3745-273-80; effective
October 5, 2020.
242............................. Universal Waste 84 FR 67202; 3745-50-10,\g\ 3745-50-45,\g\
Regulations: Addition December 9, 2019. 3745-51-09,\g\ 3745-54-01,\g\
of Aerosol Cans. 3745-65-01,\g\ 3745-270-01,\g\
3745-273-01,\g\ 3745-273-03,
3745-273-06, 3745-273-09,\g\
3745-273-13,\g\ 3745-273-14,\g\
3745-273-32,\g\ 3745-273-33,\g\
3745-273-34 \g\; effective
October 23, 2022.
243............................. Modernizing Ignitable 85 FR 40594; July 3745-50-11, 3745-51-21; effective
Liquids Determinations. 7, 2020. October 23, 2022.
----------------------------------------------------------------------------------------------------------------
Table 2--Ohio-Initiated Substantive and Non-Substantive Rule Amendments, and Statutory Amendments
----------------------------------------------------------------------------------------------------------------
Federal Register Analogous state authority (Ohio
Description of Federal date and page (and/ administrative code) rules, and
Rule checklist requirement or RCRA statutory the rule effective date being
authority) authorized
----------------------------------------------------------------------------------------------------------------
158 B \a\....................... Hazardous Waste 62 FR 32452; June 3745-205-34, 3745-205-63, 3745-
Management System; 13, 1997. 256-34, 3745-256-63; effective
Testing and Monitoring June 12, 2023.
Activities.
208 B \a\....................... Testing and Monitoring 70 FR 34536; June 3745-205-34, 3745-205-63, 3745-
Activities; Methods 14, 2005. 256-34, 3745-256-63, 3745-256-
Innovation Rule and SW- 81, 3745-256-84, 3745-266-100,
846 Update (Organic 3745-266-102, 3745-266-106, 3745-
Air provisions). 266-112; effective June 12,
2023.
212 B \a\....................... National Emission 70 FR 59401; 3745-50-44; effective June 12,
Standards for October 12, 2005. 2023.
Hazardous Air
Pollutants (NESHAP):
Final Standards for
Hazardous Waste
Combustors (Phase I
Final Replacement
Standards and Phase
II) (Organic Air
provisions).
213 C \a\....................... Burden Reduction 71 FR 16861; April 3745-205-61, 3745-205-62, 3745-
Initiative (Organic 4, 2006. 256-61, 3745-256-62, 3745-266-
Air provisions). 102; effective June 12, 2023.
214 D \a\....................... Hazardous Waste and 71 FR 40254; July 3745-205-30, 3745-205-33, 3745-
Used Oil; Corrections 14, 2006. 205-34, 3745-205-35, 3745-205-
to the Code of Federal 50, 3745-205-58, 3745-205-64,
Regulations (Organic 3745-205-80, 3745-205-90, 3745-
Air provisions). 256-33, 3745-256-35, 3745-256-
63, 3745-256-80, 3745-256-84,
3745-256-85, 3745-256-87, 3745-
256-90, 3745-266-102; effective
June 12, 2023.
223B \a\ \b\.................... Hazardous Waste 75 FR 12989; March 3745-50-10, 3745-50-49, 3745-51-
Technical Corrections 18, 2010. 01, 3745-51-02, 3745-51-04, 3745-
and Clarifications 51-06, 3745-266-22, 3745-266-80;
(Organic Air effective June 12, 2023.
provisions).
223 F........................... Partial Withdrawal of 75 FR 31716; June Ohio EPA is not seeking
Hazardous Waste 4, 2010. authorization of this portion of
Technical Corrections CL 223, since these provisions
and Clarifications. were over-written by amendments
on Checklists in Ohio's
Generator Improvement rules
package, which are addressed
elsewhere in this ARA.
Procedural A.................... Revisions to Procedural 78 FR 5288; 3745-50-51; effective September
Rules to Clarify January 25, 2013. 29, 2021.
Practices and
Procedures Applicable
in Permit Appeals
Pending Before the
Environmental Appeals
Board (Organic Air and
General provisions).
No CL........................... Waste Management 80 FR 48522; 3745-50-11; effective June 12,
System; Testing and August 13, 2015. 2023.
Monitoring Activities;
Notice of Availability
of Final Update V of
SW-846 c.
[[Page 16574]]
236 A \d\....................... Hazardous Waste Export- 81 FR 85696; 3745-50-10,\g\ 3745-50-11, 3745-
Import Revisions Rule. November 28, 2016. 51-04, 3745-51-06,\g\ 3745-52-10
rescinded, 3745-52-10 new, 3745-
52-12 rescinded, 3745-52-41
rescinded, 3745-52-41 new, 3745-
52-50 rescinded, 3745-52-60
rescinded, 3745-52-80, 3745-53-
10, 3745-53-20 rescinded, 3745-
53-20 new, 3745-54-12 rescinded,
3745-54-12 new, 3745-54-71
rescinded, 3745-54-71 new, 3745-
65-12 rescinded, 3745-65-12 new,
3745-65-71 rescinded, 3745-65-71
new, 3745-266-70, 3745-266-80,
3745-273-39, 3745-273-62;
effective October 5, 2020.
236 A.1 \e\..................... Hazardous Waste Export- 81 FR 85696; 3745-50-10; \g\ effective October
(on 236 A)...................... Import Revisions: AES November 28, 2016. 5, 2020.
Compliance Date in
260.10 Definition of
``AES Filing
Compliance Date'' and
``Electronic Import-
Export Reporting
Compliance Date'' Must
Be December 31, 2017.
237 A........................... Hazardous Waste 81 FR 85732; 3745-50-03, 3745-50-10,\g\ 3745-
Generator Improvements November 28, 2016. 50-11, 3745-50-45,\g\ 3745-50-
Rule (non-Organic Air 51, 3745-51-01, 3745-51-04, 3745-
provisions). 51-05 rescinded, 3745-51-06,\g\
3745-51-33, 3745-52-01, 3745-52-
10 rescinded, 3745-52-10 new,
3745-52-11 rescinded, 3745-52-11
new, 3745-52-12 rescinded, 3745-
52-13, 3745-52-14, 3745-52-15,
3745-52-16, 3745-52-17, 3745-52-
18, 3745-52-32, 3745-52-34
rescinded, 3745-52-35, 3745-52-
40, 3745-52-41 rescinded, 3745-
52-41 new, 3745-52-44 rescinded,
3745-52-44 new, 3745-52-200,
3745-52-201, 3745-52-202, 3745-
52-203, 3745-52-204, 3745-52-
207, 3745-52-208, 3745-52-209,
3745-52-210, 3745-52-211, 3745-
52-212, 3745-52-213, 3745-52-
214, 3745-52-216, 3745-52-230,
3745-52-231, 3745-52-232, 3745-
52-233, 3745-52-250, 3745-52-
251, 3745-52-252, 3745-52-253,
3745-52-254, 3745-52-255, 3745-
52-256, 3745-52-260, 3745-52-
261, 3745-52-262, 3745-52-263,
3745-52-264, 3745-52-265, 3745-
53-12 rescinded, 3745-53-12 new,
3745-54-01,\g\ 3745-54-15, 3745-
54-71 rescinded, 3745-54-71 new,
3745-54-75 rescinded, 3745-54-75
new, 3745-55-70, 3745-55-74,
3745-55-91, 3745-65-01,\g\ 3745-
65-15, 3745-65-71 rescinded,
3745-65-71 new, 3745-65-75
rescinded, 3745-65-75 new, 3745-
66-74, 3745-66-101 rescinded,
3745-266-80, 3745-266-255, 3745-
270-01,\g\ 3745-270-07, 3745-270-
50, 3745-273-08, 3745-273-81,
3745-279-10; effective October
5, 2020.
237 B........................... Hazardous Waste No FR............. 3745-50-10,\g\ 3745-50-11, 3745-
Generator Improvements 50-28, 3745-50-51, 3745-51-11,
Rule (Housekeeping for 3745-51-30, 3745-52-40, 3745-52-
this FR only). 41 new, 3745-52-42, 3745-52-203,
3745-52-204, 3745-52-207, 3745-
52-211, 3745-54-15, 3745-55-74,
3745-55-75, 3745-55-91, 3745-57-
43, 3745-66-18, 3745-66-74, 3745-
66-90, 3745-66-93, 3745-69-01,
3745-256-200, 3745-266-108, 3745-
266-111, 3745-270-02, 3745-273-
08, 3745-273-13,\g\ 3745-273-
33,\g\ 3745-273-81; effective
October 5, 2020.
237 D \a\....................... Hazardous Waste 81 FR 85732; 3745-51-420, 3745-205-30, 3745-
Generator Improvements November 28, 2016. 205-50, 3745-256-30, 3745-256-
Rule (Organic Air 50; effective June 12, 2023.
provisions).
SIC-HB49 \f\.................... HB49: Amendments to No FR; bill 3745-53-11; effective October 5,
Ohio Revised Code effective 2020.
3734.15, Transporter September 29,
Registration Concepts, 2017.
132nd General
Assembly].
239 A........................... User Fees for the 83 FR 420; January 3745-50-04, 3745-50-05, 3745-52-
Electronic Hazardous 3, 2018. 20, 3745-52-24, 3745-53-20
Waste Manifest System rescinded, 3745-53-20 new, 3745-
and Amendments to 53-21, 3745-54-71 rescinded,
Manifest Regulations 3745-54-71 new; 3745-65-71
(E-manifest Phase 2) rescinded, 3745-65-71 new;
(non-Organic Air effective October 5, 2020.
provisions).
239 B \a\....................... User Fees for the E- 83 FR 420; January 3745-205-86, 3745-256-87;
manifest System (aka E- 3, 2018. effective June 12, 2023.
manifest Phase 2)
(Organic Air
provisions).
[[Page 16575]]
233 A.1......................... DSW #4: Response to 83 FR 24664; May 3745-50-16; effective June 12,
Court's Vacature of 30, 2018. 2023.
Certain Provisions of
the Definition of
Solid Waste Rule;
Changes Affecting All
Non-Waste
Determinations and
Variances.
233 B.1......................... DSW #4: Legitimacy- 83 FR 24664; May 3745-50-17; effective June 12,
Related Provisions, 30, 2018. 2023.
Including Prohibition
of Sham Recycling,
Definition of
Legitimacy, Definition
of ``Contained''.
233 D2.1........................ DSW #4: Exclusions and 83 FR 24664; May 3745-50-23, 3745-51-04; effective
Non-Waste 30, 2018. June 12, 2023.
Determinations.
SICs-GI......................... State-Initiated Changes No FR............. 3745-50-10,\g\ 3745-50-11, 3745-
in 2020 in the 50-28, 3745-50-45,\g\ 3745-51-
Generator Improvement 01, 3745-51-04, 3745-51-06,\g\
rules package. 3745-51-11, 3745-51-30, 3745-51-
33, 3745-51-39, 3745-52-11
rescinded, 3745-52-11 new, 3745-
52-20, 3745-52-32, 3745-52-40,
3745-52-41 rescinded, 3745-52-41
new, 3745-52-42, 3745-52-44
rescinded, 3745-52-44 new, 3745-
52-202, 3745-52-203, 3745-52-
204, 3745-52-207, 3745-52-208,
3745-52-209, 3745-52-210, 3745-
52-211, 3745-52-212, 3745-52-
213, 3745-52-214, 3745-52-216,
3745-53-12 rescinded, 3745-53-12
new, 3745-53-21, 3745-54-01,\g\
3745-54-12 rescinded, 3745-54-12
new, 3745-54-15, 3745-54-75
rescinded, 3745-54-75 new, 3745-
55-70, 3745-55-74, 3745-55-75,
3745-55-91, 3745-57-43, 3745-65-
75 rescinded, 3745-65-75 new,
3745-66-18, 3745-66-74, 3745-66-
90, 3745-66-93, 3745-69-01, 3745-
256-200, 3745-266-108, 3745-266-
111, 3745-266-255, 3745-270-
01,\g\ 3745-270-02, 3745-270-07,
3745-270-50, 3745-273-03, 3745-
273-08, 3745-273-13,\g\ 3745-273-
33,\g\ 3745-273-81, 3745-279-10;
effective October 5, 2020.\g\
SICs-Rev2020.................... State-Initiated Changes No FR............. 3745-50-11, 3745-50-20, 3745-50-
in 2021 in the Review 21, 3745-50-23, 3745-50-40, 3745-
2020 rules package. 50-42, 3745-50-44, 3745-50-51,
3745-50-52, 3745-50-62, 3745-50-
66, 3745-50-235, 3745-51-04,
3745-51-06,\g\ 3745-51-08, 3745-
51-10, 3745-51-20, 3745-51-21,
3745-51-22, 3745-51-24, 3745-52-
21, 3745-52-42, 3745-52-43, 3745-
52-206, 3745-53-30, 3745-54-13,
3745-54-15, 3745-54-18, 3745-54-
53, 3745-54-54, 3745-54-56, 3745-
54-72, 3745-54-73, 3745-55-18,
3745-55-42, 3745-55-43, 3745-55-
44, 3745-55-45, 3745-55-47, 3745-
55-75, 3745-55-96, 3745-57-43,
3745-57-72, 3745-65-13, 3745-65-
15, 3745-65-19, 3745-65-53, 3745-
65-56, 3745-65-72, 3745-65-73,
3745-66-18, 3745-66-42, 3745-66-
43, 3745-66-44, 3745-66-45, 3745-
66-47, 3745-66-93, 3745-66-95,
3745-66-96, 3745-205-100, 3745-
205-101, 3745-256-100, 3745-256-
101, 3745-266-23, 3745-266-100,
3745-266-101, 3745-266-102, 3745-
266-103, 3745-266-104, 3745-266-
105, 3745-266-106, 3745-266-107,
3745-266-111, 3745-266-201, 3745-
266-202, 3745-266-203, 3745-266-
205, 3745-266-206, 3745-266-210,
3745-266-240, 3745-266-260, 3745-
270-02, 3745-270-03, 3745-270-
04, 3745-270-31, 3745-270-40,
3745-273-03, 3745-279-42, 3745-
279-43, 3745-279-51, 3745-279-
52, 3745-279-62, 3745-279-73;
effective September 29, 2021.\g\
[[Page 16576]]
SICs-Rev2021.................... State-initiated changes No FR............. 3745-50-03, 3745-50-10,\g\ 3745-
in 2022 in the Review 50-11, 3745-50-39, 3745-50-41,
2021 rules package. 3745-50-43, 3745-50-45,\g\ 3745-
50-46, 3745-50-48, 3745-50-53,
3745-50-58, 3745-51-02, 3745-51-
03, 3745-51-06,\g\ 3745-51-
09,\g\ 3745-51-21, 3745-51-31,
3745-51-32, 3745-52-11, 3745-52-
13, 3745-52-215, 3745-52-265,
3745-54-01,\g\ 3745-54-16, 3745-
54-77, 3745-54-93, 3745-54-94,
3745-55-12, 3745-55-73, 3745-55-
95, 3745-55-98, 3745-57-74, 3745-
57-83, 3745-57-91, 3745-65-
01,\g\ 3745-65-14, 3745-65-16,
3745-65-33, 3745-65-77, 3745-65-
90, 3745-65-92, 3745-65-93, 3745-
66-12, 3745-66-19, 3745-66-73,
3745-66-92, 3745-66-98, 3745-67-
24, 3745-67-59, 3745-68-03, 3745-
69-30 rescinded, 3745-69-30 new,
3745-69-45, 3745-270-01,\g\ 3745-
270-09, 3745-270-42, 3745-273-
03, 3745-273-06, 3745-273-09,\g\
3745-273-13,\g\ 3745-273-14,\g\
3745-273-15, 3745-273-17, 3745-
273-20, 3745-273-32,\g\ 3745-273-
33\g\, 3745-273-34,\g\ 3745-273-
35, 3745-273-37, 3745-273-39,
3745-273-40, 3745-273-54, 3745-
273-56, 3745-273-60, 3745-273-
62, 3745-273-70; effective
October 23, 2022.\g\
SICs-OrgAirDSW.................. State-Initiated Changes No FR............. 3745-50-10,\g\ 3745-50-11, 3745-
in 2023 in the Organic 50-44, 3745-50-49, 3745-51-04,
Air and DSW rules 3745-51-06,\g\ 3745-52-17, 3745-
package. 54-01,\g\ 3745-54-10, 3745-54-
77, 3745-55-17, 3745-55-18, 3745-
55-70, 3745-55-90, 3745-56-20,
3745-57-40, 3745-57-91, 3745-65-
77, 3745-66-17, 3745-66-18, 3745-
66-70, 3745-66-90, 3745-66-93,
3745-67-20, 3745-68-40, 3745-69-
01, 3745-205-200, 3745-256-200,
3745-266-22, 3745-266-80, 3745-
266-100, 3745-266-103; 3745-266-
111, 3745-270-42, 3745-273-
13,\g\ 3745-273-33 \g\;
effective June 12, 2023.\g\
----------------------------------------------------------------------------------------------------------------
Footnotes to Tables 1 and 2.
\a\ Other portions of this FR, those not related to Organic Air Emissions, were authorized in a prior ARA. In
ARA 11, Ohio is seeking authorization for only the Organic Air Emissions provisions of this FR.
\b\ Ohio EPA did not adopt some portions of this FR for which amendments to Ohio rules are not necessary.
Accordingly, EPA is not authorizing these parts of the state program.
\c\ This FR updates federal guidance and includes no federal rule changes but prompts an update to Ohio
Administrative Code (OAC) rule 3745-50-11.
\d\ Ohio EPA did not adopt, and is not seeking authorization at this time, for the Standardized Permits (mostly
40 CFR Part 267 and portions of Part 124) provisions in new or existing rules. Accordingly, EPA is not
authorizing the state program for these provisions.
\e\ The AES compliance date that should be added to 40 CFR 261.39(a)(5)(v)(B) and 262.83(a)(6)(i) per this
announcement FR are not in the Ohio rules on this Ohio rule effective date. The other location of this
compliance date should be 40 CFR 260.10 [2 definitions], which is addressed in OAC rule 3745-50-10.
\f\ Hazardous waste rules did not change per this state statute change, but for compliance assistance to Ohio's
regulated community, rule 3745-53-11 adds a comment that references Ohio Revised Code (ORC 3734.15).
\g\ Ohio is not seeking authorization for the Ohio-specific universal waste provisions, and other state-specific
provisions, in rules that were amended for other reasons on the effective dates shown here. The specific
provisions for which Ohio is not requesting authorization are:
<bullet> 3745-50-10: definition of ``antifreeze''; in definition of ``destination facility'' the phrases ``and
(E), (F), and (G)'' of rule 3745-273-13, and ``and (E), (F), and (G)'' of rule 3745-273-33; in definition of
``large quantity handler of universal waste'' the phrase ``antifreeze, or paint or paint-related waste,'';
definition of ``paint''; definition of ``paint-related waste''; in definition of ``small quantity handler of
universal waste'' the phrase ``antifreeze, or paint or paint-related waste,''; in definition of ``universal
waste'' paragraph (f); in the definition of ``universal waste handler'' paragraph (b)(i) the phrases ``or (E),
(F), or (G)'' of rule 3745-273-13, and ``or (E), (F), or (G)'' of rule 3745-273-33; as effective 06/12/2023;
(see 40 CFR 260.10 and 270.2);
<bullet> 3745-50-45 (C)(8)(f) as effective 10/23/2022; [see 40 CFR 270.1 (c)-(c)(7)];
<bullet> 3745-51-06 (A)(3)(e)-(A)(3)(e)(viii)[Comment]; as effective 06/12/2023; These are the wiper/apparel
Ohio-specific provisions. (see 40 CFR 21.6);
<bullet> 3745-51-09 (F) as effective 10/23/2022; (see 40 CFR 261.9);
<bullet> 3745-54-01 in (G)(11) the phrase ``and (G)(11)(f)''; (G)(11)(f); as effective 06/12/2023; (see 40 CFR
264.1);
<bullet> 3745-65-01 (C)(14)(f) as effective 06/12/2023; (see 40 CFR 265.1);
<bullet> 3745-270-01 (F)(6) as effective 10/23/2022; (see 40 CFR 268.1);
<bullet> 3745-273-01 (A)(6) as effective 10/23/2022; (see 40 CFR 273.1);
<bullet> 3745-273-09 (D) ``Destination facility'' the phrases ``and (F) and (G)'' of rule 3745-273-13,'' and
``and (F) and (G)'' of rule3745-273-33;'' as effective 10/23/2022 (see 40 CFR 273.9);
<bullet> 3745-273-13 (F)-(F)(11), (G)-(G)(14)(e) as effective 10/05/2020, 10/23/2022, and 06/12/2023 (see 40 CFR
273.13);
<bullet> 3745-273-14 (G), (H)-(H)(2) as effective10/23/2022; (see 40 CFR 273.14);
<bullet> 3745-273-32 (B)(4) at the reference to ``antifreeze, or paint or paint-related wastes'' as effective 10/
23/2022; (see 40 CFR 273.32);
<bullet> 3745-273-33 (F)-(F)(11), (G)-(G)(14)(e) as effective 10/05/2020, 10/23/2022, and 6/12/2023; (see 40 CFR
273.33);
<bullet> 3745-273-34 (G), (H)-(H)(2) as effective10/23/2022; (see 40 CFR 273.34).
Accordingly, EPA is not authorizing the state program for these provisions.
[[Page 16577]]
E. Which revised State rules are different from the Federal rules?
In Ohio Administrative Code 3745-50-10(C)(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 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.
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.
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.
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.
In Ohio Administrative Code 3745-65-73(B)(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 difference in language 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 difference
in language 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 3745-256-87(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.
F. 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 codifying 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.
G. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). This action authorizes
enacted 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
[[Page 16578]]
Order 14192 (90 FR 9065, February 6, 2025) because actions such as this
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 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 an unfunded
mandate as described in UMRA, 2 U.S.C. 1531-1538 and does not
significantly or uniquely affect small governments. 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), 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 issuing 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. 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. 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 April 2, 2026.
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.
Dated: March 20, 2026.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2026-06395 Filed 4-1-26; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 2, 2026.
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.