Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations 60919 

Dated: September 25, 2012. 

Daniel J. Rosenblatt, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.662, the table in paragraph 

(a) is amended by: 

■ i. Alphabetically adding the following 

commodities: ‘‘Barley, bran’’, 

‘‘Sugarcane, molasses’’, and ‘‘Wheat, 

bran’’. 

■ ii. Removing the entry for ‘‘Hog, 

kidney’’ and adding in alphabetical 

order an entry for ‘‘Hog, meat byproducts’’. 

■ iii. Revising the entries for ‘‘Wheat, 

forage’’ and ‘‘Wheat, middlings’’. 

The amendments read as follows: 

§ 180.662 Trinexapac-ethyl; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

Barley, bran ........................ 2 .5 

* * * * * 

Hog, meat by-products ....... 0 .03 

* * * * * 

Sugarcane, molasses ......... 2 .5 

Wheat, bran ........................ 6 .0 

Wheat, forage ..................... 1 .0 

* * * * * 

Wheat, middlings ................ 10 .5 

* * * * * 

* * * * * 

[FR Doc. 2012–24646 Filed 10–4–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R04–RCRA–2012–0124; FRL–9735–2] 

Tennessee: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: Tennessee has applied to EPA 

for final authorization of the changes to 

its hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has determined that 

these changes satisfy all requirements 

needed to qualify for final authorization, 

and is authorizing the State’s changes 

through this immediate final action. 

EPA is publishing this rule to authorize 

the changes without a prior proposal 

because we believe this action is not 

controversial and do not expect 

comments that oppose it. Unless we 

receive written comments that oppose 

this authorization during the comment 

period, the decision to authorize 

Tennessee’s changes to its hazardous 

waste program will take effect. If we 

receive comments that oppose this 

action, we will publish a document in 

the Federal Register withdrawing this 

rule before it takes effect and a separate 

document in the proposed rules section 

of this Federal Register will serve as a 

proposal to authorize the changes. 

DATES: This final authorization will 

become effective on December 4, 2012 

unless EPA receives adverse written 

comment by November 5, 2012. If EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

RCRA–2012–0124 by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov: Follow the on-line 

instructions for submitting comments. 

• Email: johnson.otis@epa.gov 

• Fax: (404) 562–9964 (prior to 

faxing, please notify the EPA contact 

listed below). 

• Mail: Send written comments to 

Otis Johnson, Permits and State 

Programs Section, RCRA Programs and 

Materials Management Branch, RCRA 

Division, U.S. Environmental Protection 

Agency, Atlanta Federal Center, 61 

Forsyth Street SW., Atlanta, Georgia 

30303–8960. 

• Hand Delivery or Courier. Deliver 

your comments to Otis Johnson, Permits 

and State Programs Section, RCRA 

Programs and Materials Management 

Branch, RCRA Division, U.S. 

Environmental Protection Agency, 

Atlanta Federal Center, 61 Forsyth 

Street SW., Atlanta, Georgia 30303– 

8960. 

Instructions: We must receive your 

comments by November 5, 2012. Please 

refer to Docket Number EPA–R04– 

RCRA–2012–0124. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

www.regulations.gov or email. The Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

You may view and copy Tennessee’s 

application and associated publicly 

available materials from 8 a.m. to 4 p.m. 

at the following locations: EPA, Region 

4, RCRA Division, Atlanta Federal 

Center, 61 Forsyth Street SW., Atlanta, 

Georgia 30303–8960, telephone number: 

(404) 562–8483; and from 8 a.m. to 4:30 

p.m. at the Tennessee Department of 

Environment and Conservation, 

Division of Solid Waste Management, 

5th Floor, L & C Tower, 401 Church 

Street, Nashville, Tennessee 37243– 

1535; telephone number: (615) 562– 

0780. Interested persons wanting to 

examine these documents should make 

an appointment with the office at least 

a week in advance. 

FOR FURTHER INFORMATION CONTACT: Otis 

Johnson, Permits and State Programs 

Section, RCRA Programs and Materials 

Management Branch, RCRA Division, 

U.S. Environmental Protection Agency, 

Atlanta Federal Center, 61 Forsyth 

Street SW., Atlanta, Georgia 30303– 

8960; telephone number: (404) 562– 

8481; fax number: (404) 562–9964; 

email address: johnson.otis@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to State programs 

necessary? 

States which have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask EPA to authorize the 

changes. Changes to State programs may 

be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 


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60920 Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations 

change their programs because of 

changes to EPA’s regulations in 40 Code 

of Federal Regulations (CFR) parts 124, 

260 through 266, 268, 270, 273 and 279. 

B. What decisions have we made in this 

rule? 

We conclude that Tennessee’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Tennessee 

final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Tennessee has 

responsibility for permitting treatment, 

storage, and disposal facilities within its 

borders and for carrying out the aspects 

of the RCRA program described in its 

revised program application, subject to 

the limitations of the Hazardous and 

Solid Waste Amendments of 1984 

(HSWA). New Federal requirements and 

prohibitions imposed by Federal 

regulations that EPA promulgates under 

the authority of HSWA take effect in 

authorized States before they are 

authorized for the requirements. Thus, 

EPA will implement those requirements 

and prohibitions in Tennessee, 

including issuing permits, until the 

State is granted authorization to do so. 

C. What is the effect of this 

authorization decision? 

The effect of this decision is that a 

facility in Tennessee subject to RCRA 

will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. Tennessee 

has enforcement responsibilities under 

its State hazardous waste program for 

violations of such program, but EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which includes, among others, authority 

to: 

• Do inspections, and require 

monitoring, tests, analyses or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• 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 Tennessee is 

being authorized by today’s action are 

already effective, and are not changed 

by today’s action. 

D. Why wasn’t there a proposed rule 

before this rule? 

EPA did not publish a proposal before 

today’s rule because we view this as a 

routine program change and do not 

expect comments that oppose this 

approval. We are providing an 

opportunity for public comment now. In 

addition to this rule, in the proposed 

rules section of today’s Federal 

Register, we are publishing a separate 

document that proposes to authorize the 

State program changes. 

E. What happens if EPA receives 

comments that oppose this action? 

If EPA receives comments that oppose 

this authorization, we will withdraw 

this rule by publishing a document in 

the Federal Register before the rule 

becomes effective. EPA will base any 

further decision on the authorization of 

the State program changes on the 

proposal mentioned in the previous 

paragraph. We will then address all 

public comments in a later final rule. 

You may not have another opportunity 

to comment. If you want to comment on 

this authorization, you must do so at 

this time. 

If we receive comments that oppose 

only the authorization of a particular 

change to the State hazardous waste 

program, we will withdraw that part of 

this rule but the authorization of the 

program changes that the comments do 

not oppose will become effective on the 

date specified above. The Federal 

Register withdrawal document will 

specify which part of the authorization 

will become effective, and which part is 

being withdrawn. 

F. What has Tennessee previously been 

authorized for? 

Tennessee initially received final 

authorization on January 22, 1985, 

effective February 5, 1985 (50 FR 2820), 

to implement the RCRA hazardous 

waste management program. We granted 

authorization for changes to Tennessee’s 

program on the following dates: June 12, 

1987, effective August 11, 1987 (52 FR 

22443); June 1, 1992, effective July 31, 

1992 (57 FR 23063); May 8, 1995, 

effective July 7, 1995 (60 FR 22524); 

August 24, 1995, effective October 23, 

1995 (60 FR 43979); May 23, 1996, 

effective July 22, 1996 (61 FR 25796); 

January 30, 1998, effective March 31, 

1998 (63 FR 4587); September 15, 1999, 

effective November 15, 1999 (64 FR 

49998); October 26, 2000, effective 

December 26, 2000 (65 FR 64161); 

December 26, 2001, effective February 

25, 2002 (66 FR 66342); April 11, 2003, 

effective June 10, 2003 (68 FR 17748); 

March 14, 2005, effective May 13, 2005 

(70 FR 12416); and May 11, 2006, 

effective July 10, 2006 (71 FR 27405). 

G. What changes are we authorizing 

with this action? 

On December 15, 2008, and June 1, 

2011, Tennessee submitted final 

complete program revision applications, 

seeking authorization of its changes in 

accordance with 40 CFR 271.21. EPA 

now makes an immediate final decision, 

subject to receipt of written comments 

that oppose this action, that Tennessee’s 

hazardous waste program revisions 

satisfy all of the requirements necessary 

to qualify for final authorization. 

Therefore, we grant Tennessee final 

authorization for the following program 

changes: 

Description of Federal requirement Federal Register 

date and page Analogous State authority 1

215—Cathode Ray Tube (CRT) Exclusion .............................. 71 FR 42928 

07/28/06 

1200–01–11–.01(2)(a); 1200–01–11–.02(1)(d)1(xxiv)(I)–(IV); 

1200–01–11–.02(6)(a)–(d). 

216—Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification System to Produce Synthesis Gas.73 FR 57 

01/02/08 

1200–01–11–.01(2)(a); 1200–01–11–.02(1)(d)1(xii)(I). 

217—NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase 

II) Amendments.

73 FR 18970 

04/08/08 

1200–01–11–.06(15)(a); 1200–01–11–.06(15)(a)2(i) and 

(iii);1200–01–11–.09(8)(a)2(iii)(III). 

218—F019 Exemption for Wastewater Treatment Sludges 

from Auto Manufacturing Zinc Phosphating Processes.

73 FR 31756 

06/04/08 

1200–01–11–.02(4)(b)1; 1200–01–11–.02(4)(b)2(iv)(I) and 

(II). 

1The Tennessee provisions are from the Tennessee Hazardous Waste Management Regulations effective September 12, 2009. 


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Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations 60921 

H. Where are the revised State rules 

different from the Federal rules? 

We consider Tennessee Hazardous 

Waste Management Regulation 1200– 

01–11–.02(4)(b)2(iv)(II) to be more 

stringent than the Federal counterpart at 

40 CFR 261.31(b)(4)(ii) because the State 

requires generators to maintain records 

on site for no less than five (5) years to 

prove that exempted sludges meet the 

conditions of the F019 listing. The 

Federal requirement at 40 CFR 

261.31(b)(4)(ii) requires generators to 

maintain such records for no less than 

three (3) years. This five-year document 

retention requirement is part of the 

Tennessee authorized program and is 

federally enforceable. 

EPA cannot delegate or authorize the 

Federal requirements at 40 CFR 

261.39(a)(5), 261.40, and 261.41. 

Although Tennessee has adopted these 

requirements at 1200–01–11– 

.02(6)(b)1(v), 1200–01–11–.02(6)(c) and 

1200–01–11–.02(6)(d), the State 

correctly notes that EPA will continue 

to implement these requirements. 

I. Who handles permits after the 

authorization takes effect? 

Tennessee will issue permits for all 

the provisions for which it is authorized 

and will administer the permits it 

issues. EPA will continue to administer 

any RCRA hazardous waste permits or 

portions of permits which we issued 

prior to the effective date of this 

authorization until they expire or are 

terminated. EPA will not issue any more 

permits or new portions of permits for 

the provisions listed in the Table above 

after the effective date of this 

authorization. EPA will continue to 

implement and issue permits for HSWA 

requirements for which Tennessee is not 

authorized. 

J. What is codification and is EPA 

codifying Tennessee’s hazardous waste 

program as authorized in this rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the Code 

of Federal Regulations. EPA does this by 

referencing the authorized State rules in 

40 CFR part 272. EPA reserves the 

amendment of 40 CFR part 272, subpart 

RR for this authorization of Tennessee’s 

program changes until a later date. 

K. Administrative Requirements 

The Office of Management and Budget 

has exempted this action from the 

requirements of Executive Order 12866 

(58 FR 51735, October 4, 1993), and 

therefore this action is not subject to 

review by OMB. This action authorizes 

State requirements for the purpose of 

RCRA 3006 and imposes no additional 

requirements beyond those imposed by 

State law. 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 (Pub. L. 104–4). 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 rule 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 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 the rule 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 rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

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 

action will be effective December 4, 

2012, unless objections to this 

authorization are received. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b), of the Solid Waste Disposal Act, as 

amended, 42 U.S.C. 6912(a), 6926, and 

6974(b). 

Dated: September 12, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2012–24098 Filed 10–4–12; 8:45 am] 

BILLING CODE 6560–50–P 


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