Florida: Final Authorization of State Hazardous Waste Management Program Revisions

Issuing agencies

Abstract

On September 1, 2023, Florida submitted to the Environmental Protection Agency (EPA) a program revision application seeking authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. On March 26, 2026, the EPA published both a direct final action granting Florida final authorization for revisions to its federally authorized hazardous waste program, along with a companion proposed rule announcing the EPA's proposal to grant such final authorization. The EPA announced in both documents that the direct final action would become effective on May 26, 2026, unless adverse comments were received by April 27, 2026. Although the EPA received two comments during the public comment period, the EPA determined that the comments were not adverse. As a result, the direct final rule became effective on May 26, 2026. This action responds to the comments the EPA received.

Full Text

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<title>Federal Register, Volume 91 Issue 165 (Thursday, August 27, 2026)</title>
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[Federal Register Volume 91, Number 165 (Thursday, August 27, 2026)]
[Rules and Regulations]
[Pages 55280-55281]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17454]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2025-1577; FRL-13183-03-R4]


Florida: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action; response to comments.

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SUMMARY: On September 1, 2023, Florida submitted to the Environmental 
Protection Agency (EPA) a program revision application seeking 
authorization of changes to its hazardous waste program under the 
Resource Conservation and Recovery Act (RCRA), as amended. On March 26, 
2026, the EPA published both a direct final action granting Florida 
final authorization for revisions to its federally authorized hazardous 
waste program, along with a companion proposed rule announcing the 
EPA's proposal to grant such final authorization. The EPA announced in 
both documents that the direct final action would become effective on 
May 26, 2026, unless adverse comments were received by April 27, 2026. 
Although the EPA received two comments during the public comment 
period, the EPA determined that the comments were not adverse. As a 
result, the direct final rule became effective on May 26, 2026. This 
action responds to the comments the EPA received.

DATES: The authorization of revisions to Florida's hazardous waste 
program took effect on May 26, 2026, as provided in the direct final 
action (91 FR 14648).

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#b5d1d4c3dcc69bd9d0d4ddf5d0c5d49bd2dac3"><span class="__cf_email__" data-cfemail="f69297809f85d89a93979eb6938697d8919980">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. What comments were received on Florida's proposed authorization and 
how is the EPA responding to these comments?

    During the public comment period for the direct final action (91 FR 
14648) and proposed rule (91 FR 14673), the EPA received two separate 
comments. The comments are provided in the docket for this action. See 
Docket ID No. EPA-R04-RCRA-2025-1577 at <a href="http://www.regulations.gov">www.regulations.gov</a>. A summary 
of the comments and the EPA's responses are provided below.
    Comment 1: The first commenter supported the EPA's authorization of 
revisions to Florida's hazardous waste program, stating that the EPA's 
authorization of the Florida hazardous waste program is beneficial in 
safeguarding human health and the environment.
    Response: Because this comment is supportive of the authorization, 
the EPA determined that there is no basis to withdraw or deny 
authorization of revisions to the State program based on this comment.
    Comment 2: The second commenter supported the EPA's authorization 
of revisions to the Florida hazardous waste program but posed several 
clarifying

[[Page 55281]]

questions as to the EPA's authorization decision as set forth below.
    Comment 2.a.: The commenter notes that the Florida hazardous waste 
program largely incorporates the Federal hazardous waste regulations by 
reference but also includes additional State provisions that are either 
in addition to, or more stringent than, the Federal provisions 
incorporated by reference. The comment requests clarification of how 
that determination is reflected in the structure of the State rules.
    EPA Response to Comment 2.a.: For purposes of this authorization, 
most of the provisions being authorized were incorporated by reference. 
In some cases, the State adds additional regulatory language stating 
that certain Federal provisions are excluded from that incorporation by 
reference or adopts another definition from its statutes (for example, 
the definition of ``lamp''). The EPA reviews the totality of the 
incorporated by reference provisions and any additional State language, 
to evaluate equivalency.
    Comment 2.b.: The commenter requests clarification on whether, for 
Checklists 181 and 244, the authorized provisions are incorporated by 
reference in whole or in part or implemented through independently 
codified State text.
    EPA Response to Comment 2.b.: The State provisions being authorized 
for Checklists 181 and 244 incorporate the Federal regulations by 
reference. The authorized State provisions list any Federal regulations 
that are excluded from that incorporation by reference.
    Comment 2.c.: The commenter requests confirmation as to whether any 
substantive differences exist between the Florida provisions and the 
corresponding Federal requirements.
    EPA Response to Comment 2.c.: As documented in the direct final 
action, for the Federal rules being authorized, there are no 
substantive differences between the Federal requirements and the State 
requirements.
    Comment 2.d.: The commenter requests that the EPA identify which 
import/export functions listed in Checklist 244 remain under Federal 
implementation and explain how they interact with Florida's authorized 
program.
    EPA Response to Comment 2.d.: Checklist 244 makes conforming 
changes to regulations related to twelve hazardous waste import/export 
recovery and disposal operations used in hazardous waste export and 
import notices submitted to the EPA by exporters and importers in the 
United States, and in movement documents that accompany export and 
import shipments. These Federal changes were needed to reflect changes 
to regulations related to Canadian import/export recovery and disposal 
operations that Canada promulgated in 2021. State programs are required 
to adopt the provisions in this rule to maintain their equivalency with 
the Federal program under 40 CFR 271.10(e); however, the import and 
export requirements are administered by the Federal government as a 
matter of foreign policy.
    Comment 2.e.: The commenter notes that in the direct final action 
the EPA stated that it authorized Checklist 181 for completeness. The 
commenter requested clarification as to the effect of this statement.
    EPA Response to Comment 2.e.: As noted in the direct final action, 
Florida added hazardous waste lamps as a category of universal waste 
prior to the EPA adding them as a category of universal waste. Florida 
adopts the federal universal waste lamp regulations by reference but 
was never specifically authorized for Checklist 181 because lamps were 
already a part of the Florida universal waste program when Checklist 
181 was promulgated. The authorization of Checklist 181 clarifies any 
ambiguity as to whether Florida is authorized for Checklist 181.
    Because this commenter asked clarifying questions only, to which 
the EPA has responded above, the EPA determined that there is no basis 
to withdraw or deny authorization of revisions to the State program 
based on this comment.

II. Why did the EPA issue this response to comments?

    In the direct final action and proposed rule, the EPA stated that 
if it received adverse comments, we would 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 
would publish a notification containing a response to comments that 
either reverses the decision or affirms the final action will take 
effect. As stated above, the EPA determined that the comments received 
were not adverse; therefore, there is no basis to withdraw or deny 
authorization of revisions to the State program based on the comments 
received. However, the EPA publishes this notice in the Federal 
Register responding to the comments and acknowledging that the direct 
final action took effect on May 26, 2026, as provided in the direct 
final action.

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: August 6, 2026.
Kevin J. McOmber,
Regional Administrator.
[FR Doc. 2026-17454 Filed 8-26-26; 8:45 am]
BILLING CODE 6560-50-P


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