Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules 26917 

www.regulations.gov and at the EPA 

Region IX Office (see the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities beyond those imposed by state 

law. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

State, local, or tribal governments, or to 

the private sector, will result from this 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It 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. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because the SIP is not 

approved to apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction, and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

List of Subjects in 40 CFR Part 52 

Air pollution control, Environmental 

protection, Incorporation by reference, 

Intergovernmental relations, New 

Source Review, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 18, 2018. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2018–12390 Filed 6–8–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R03–RCRA–2017–0553; FRL–9979– 

06—Region 3] 

District of Columbia: Proposed 

Authorization of District Hazardous 

Waste Management Program 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The District of Columbia (the 

District) has applied to the United States 

Environmental Protection Agency (EPA) 

for final authorization of revisions to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has reviewed the 

District’s application, and has 

determined that these revisions satisfy 

all requirements needed to qualify for 

final authorization. As a result, by this 

proposed rule, EPA is proposing to 

authorize the District’s revisions and is 

seeking public comment prior to taking 

final action. 

DATES: Comments on this proposed rule 

must be received by July 11, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

RCRA–2017–0553, by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. Email: kinslow.sara@epa.gov. 

3. Mail: Sara Kinslow, U.S. EPA 

Region III, RCRA Waste Branch, 

Mailcode 3LC32, 1650 Arch Street, 

Philadelphia, PA 19103–2029. 

4. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

You may view and copy the District’s 

application from 9:00 a.m. to 5:00 p.m., 

Monday through Friday at the following 

locations: District of Columbia 

Department of Energy and Environment, 

Environmental Services Administration, 

Hazardous Waste Branch, 1200 First 

Street NE, 5th Floor, Washington, DC, 

Phone number: (202) 654–6031, Attn: 

Barbara Williams; and EPA Region III, 

Library, 2nd Floor, 1650 Arch Street, 

Philadelphia, PA 19103–2029, Phone 

number: (215) 814–5254. 

Instructions: EPA must receive your 

comments by July 11, 2018. Direct your 

comments to Docket ID No. EPA–R03– 

RCRA–2017–0553. EPA’s policy is that 

all comments received will be included 


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26918 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules 

in the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI), or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

Federal regulations website, http://

www.regulations.gov, 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 http://

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. (For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at 

www.epa.gov/epahome/dockets.htm). 

Docket: All documents in the docket 

are listed in the http://

www.regulation.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically at http://

www.regulations.gov or in hard copy. 

FOR FURTHER INFORMATION CONTACT: Sara 

Kinslow, U.S. EPA Region III, RCRA 

Waste Branch, Mailcode 3LC32, 1650 

Arch Street, Philadelphia, PA 19103– 

2029; Phone: 215–814–5577. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to State programs 

necessary? 

States that have received final 

authorization from EPA under RCRA 

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

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program is 

revised to become more stringent or 

broader in scope, States must revise 

their programs and apply to EPA to 

authorize the revisions. Authorization of 

revisions to State programs may be 

necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other 

revisions occur. Most commonly, States 

must revise their programs because of 

revisions to EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 268, 270, 273, and 279. 

B. What decisions are proposed in this 

rule? 

On August 15, 2012, the District 

submitted a final program revision 

application (with subsequent 

corrections) seeking authorization of 

revisions to its hazardous waste 

program that correspond to certain 

Federal rules promulgated between 

January 14, 1985 and July 1, 2004. EPA 

concludes that the District’s application 

to revise its authorized program meets 

all of the statutory and regulatory 

requirements established by RCRA, as 

set forth in RCRA section 3006(b), 42 

U.S.C. 6926(b), and 40 CFR part 271. 

Therefore, EPA proposes to authorize 

revisions to the District’s hazardous 

waste program with the revisions 

described in its authorization 

application, and as listed below in 

Section G of this document. 

The District 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 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 HSWA requirements 

and prohibitions for which the District 

has not been authorized, including 

issuing HSWA permits, until the District 

is granted authorization to do so. 

C. What is the effect of today’s proposed 

authorization decision? 

This proposal to authorize revisions 

to the District’s authorized hazardous 

waste program will not impose 

additional requirements on the 

regulated community because the 

regulations for which the District has 

requested federal authorization are 

already effective under District law and 

are not changed by today’s action. The 

District has enforcement responsibilities 

under its District hazardous waste 

program for violations of its program, 

but EPA retains its authority under 

RCRA sections 3007, 3008, 3013, and 

7003, which include, among others, 

authority to: 

• Perform inspections, and require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• Take enforcement actions regardless 

of whether the District has taken its own 

actions. 

D. What happens if EPA receives 

comments on this proposed action? 

If EPA receives comments on this 

proposed action, we will address those 

comments in our final action. If you 

want to comment on this proposed 

action, you must do so at this time. You 

may not have another opportunity to 

comment. 

E. What has the District of Columbia 

previously been authorized for? 

The District initially received final 

authorization effective March 22, 1985 

(50 FR 9427, March 8, 1985) to 

implement its base hazardous waste 

management program. EPA granted 

authorization for revisions to the 

District’s regulatory program on 

September 10, 2001, effective November 

9, 2001 (66 FR 46961). 

The District’s previously-authorized 

hazardous waste program was 

administered through the District of 

Columbia Department of Health. 

However, on February 15, 2006, the 

District established the District 

Department of Environment (DDOE) and 

reassigned the hazardous waste program 

to DDOE. On July 23, 2015, DDOE was 

renamed as the Department of Energy 

and Environment (DOEE). This name 

change occurred after the District 

submitted a program revision 

application. As such, both DDOE and 

DOEE appear in the District’s final 

program revision application (and 

subsequent corrections). The DOEE’s 

Hazardous Waste Branch within its 

Toxic Substances Division has authority 

to implement the District’s hazardous 

waste program. 

F. What revisions is EPA proposing 

with this proposed action? 

On August 15, 2012, the District 

submitted a final program revision 

application (with subsequent 

corrections), seeking authorization of 

additional revisions to its program in 

accordance with 40 CFR 271.21. As 

described in Section F, the District has 

proposed to transfer the authority to 

administer the approved program from 


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the District of Columbia Department of 

Health to DOEE. The District’s revision 

application also includes the District’s 

statutory and regulatory changes to the 

District’s authorized hazardous waste 

program, including adoption of the 

Federal hazardous waste regulations 

published through July 1, 2004 (RCRA 

Cluster XIV), with certain exceptions 

described in Section H. The District’s 

revised statutes and regulations are 

equivalent to, and no less stringent than, 

the analogous Federal requirements. 

The District seeks authority to 

administer the Federal requirements 

that are listed in Table 1 below. 

Effective October 28, 2005, the District 

incorporates by reference these Federal 

provisions. This table lists the District’s 

analogous requirements that are being 

recognized as no less stringent than the 

analogous Federal requirements. 

The District’s regulatory references 

are to Title 20 of the District of 

Columbia Municipal Regulations 

(DCMR), Chapters 42 and 43, as 

amended effective October 28, 2005. 

The District’s statutory authority for its 

hazardous waste program is based on 

the District of Columbia Hazardous 

Waste Management Act of 1977, DC 

Official Code § 8–1301 et seq. The 

District’s application also includes a 

revised Program Description, which 

provides a description of the hazardous 

waste regulatory program in the District. 

In this proposed rule, EPA proposes, 

subject to public review and comment, 

that the District’s hazardous waste 

program revision application satisfies 

all of the requirements necessary to 

qualify for final authorization. 

Therefore, EPA is proposing to 

authorize the District for the following 

program revisions: 

TABLE 1—THE DISTRICT OF COLUMBIA’S ANALOGS TO THE FEDERAL REQUIREMENTS

Federal requirement Analogous District of Columbia authority 

40 CFR part 260—Hazardous Waste Management System: 

General, as of July 1, 2004.

Title 20 District of Columbia Municipal Regulations (20 DCMR) 4200, 4202.1, 

4260.1 through 4260.7 (except 4260.4(e)). (More stringent provisions: 

4206.2). 

40 CFR part 261—Identification and Listing of Hazardous 

Waste, as of July 1, 2004.

20 DCMR 4261.1 through 4261.6, and 4261.8 through 4261.10. (More stringent provisions: 4204.1, 4206.2, and 4261.7). 

40 CFR part 262—Standards Applicable to the Generators of 

Hazardous Waste, as of July 1, 2004.

20 DCMR 4201.9, 4204.1, 4204.3 through 4204.5, 4262.1 through 4262.3, 

4262.5, and 4262.7. (More stringent provisions: 4205.1, 4206.1, 4206.2, 

4262.4, and 4262.6). 

40 CFR part 263—Standards Applicable to the Transporters of 

Hazardous Waste, as of July 1, 2004.

20 DCMR 4204.1, 4204.2, 4204.5, and 4263.1. (More stringent provisions: 

4205.1, 4206.2, and 4263.2 through 4263.5). 

40 CFR part 264—Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, as 

of July 1, 2004.

20 DCMR 4201.9, 4204.2, 4264.1 through 4264.2(a)(3), and 4264.2(b) through 

4264.12. (More stringent provisions: 4202.3 introduction and (a) through (e), 

(h), and (k), 4205.1, 4206.1, 4206.2, and 4264.2(a)(4)). 

40 CFR part 265—Interim Status Standards for Owners and 

Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, as of July 1, 2004.

20 DCMR 4201.9, 4265.1 through 4265.2(a)(3), 4265.2(b) through 4265.6, and 

4265.8 through 4265.11. (More stringent provisions: 4202.3 introduction and 

(a) through (e), (h), and (k), 4205.1, 4206.2, 4265.2(a)(4), 4265.7. 

40 CFR part 266—Standards for the Management of Specific 

Hazardous Wastes and Specific Types of Hazardous Waste 

Management Facilities, as of July 1, 2004.

20 DCMR 4201.9 and 4266.1 through 4266.3. (More stringent provisions: 

4206.2). 

40 CFR part 268—Land Disposal Restrictions, as of July 1, 

2004.

20 DCMR 4268.1 through 4268.3. (More stringent provisions: 4202.2, 

4202.3(e), and 4206.2). 

40 CFR part 270—The Hazardous Waste Permit Program, as 

of July 1, 2004.

20 DCMR 4270.1, 4270.2, 4270.4 through 4270.14, 4271.1 through 4271.4(a), 

4271.6 through 4271.9(a), 4316. (More stringent provisions: 4206.2, 4270.3, 

4271.4(b), 4271.5, 4271.9(b). 

40 CFR part 273—Standards for Universal Waste Management, 

as of July 1, 2004.

20 DCMR 4273.1 and 4273.5. (More stringent provisions: 4206.2 and 4273.2 

through 4273.4). 

40 CFR part 279—Standards for the Management of Used Oil, 

as of July 1, 2004.

20 DCMR 4279.1, 4279.2, 4279.4, 4279.7(c), 4279.9, and 4279.10. (More 

stringent provisions: 4202.3 (introduction), and (i), 4205.1, 4206.1, 4206.2, 

4279.3, 4279.5 through 4279.7(b), and 4279.8). 

G. Where are the revised District rules 

different from the Federal rules? 

1. District of Columbia Requirements 

That Are Broader in Scope 

The District hazardous waste program 

contains certain provisions that are 

broader than the scope of the Federal 

program. These broader in scope 

provisions are not part of the program 

EPA is proposing to authorize. EPA 

cannot enforce requirements that are 

broader in scope, although compliance 

with such provisions is required by 

District law. Examples of broader in 

scope provisions of the District’s 

program include, but are not limited to, 

the following: 

(a) 20 DCMR 4260.4(e) defines, and 20 

DCMR Section 4203 identifies specific 

procedures for listing, solid wastes that 

are not considered hazardous wastes 

under 40 CFR part 261, but which the 

District may determine to regulate as 

hazardous wastes under 20 DCMR 

Chapters 42 and 43. Such District-only 

wastes would make the District’s 

universe of regulated hazardous waste 

larger than EPA’s and, therefore, broader 

in scope. 

(b) At 20 DCMR Section 4390, the 

District requires permit application fees 

from generators, owners or operators of 

transfer facilities, and hazardous waste 

storage, treatment, and disposal 

facilities. 

2. District of Columbia Requirements 

That Are More Stringent Than the 

Federal Program 

The District hazardous waste program 

contains several provisions that are 

more stringent than the RCRA program 

as codified in the July 1, 2004 edition 

of Title 40 of the CFR. More stringent 

provisions are part of a Federallyauthorized program and are, therefore, 

Federally-enforceable. Under this 

proposed action, EPA would authorize 

the District program for each more 

stringent provision. The specific more 

stringent provisions are also noted in 

Table 1. They include, but are not 

limited to, the following: 

(a) At 20 DCMR 4261.7, the District 

subjects generators of no more than 100 

kilograms in a calendar month to the 


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notification requirements at 20 DCMR 

4204.1, rather than the reduced 

requirements in the Federal regulations 

for this group of generators. 

Additionally, the District does not 

incorporate the Federal provision at 40 

CFR 261.5(j) that allows conditionally 

exempt small quantity generator waste 

that is mixed with used oil to be 

managed as used oil. Instead, the 

District requires such a mixture to be 

managed as hazardous waste. 

(b) In addition to the requirements of 

40 CFR part 265, subpart I, 20 DCMR 

4265.7 requires generators storing waste 

in containers to also comply with the 

containment system requirements of 40 

CFR 264.175 and the closure 

requirements of 40 CFR 264.178. 

(c) At 20 DCMR 4262.4, the District 

limits hazardous waste satellite 

accumulation to 90 days (180 days or 

270 days for generators of greater than 

100 kilograms but less than 1,000 

kilograms), and requires that containers 

in satellite accumulation areas are 

marked with an accumulation start date. 

The Federal requirements do not have a 

dating requirement or time limit for 

satellite accumulation as long as no 

more than 55 gallons of non-acute waste 

or one quart of acute waste is 

accumulated. 

(d) In the District, transfer facilities 

are considered to be storage facilities 

and subject to full regulation under 20 

DCMR Chapters 42 and 43, rather than 

the reduced requirements of the federal 

regulations. The District requirements 

are found at 20 DCMR 4264.2(a)(4) and 

4265.2(a)(4). 

(e) The District has a prohibition at 20 

DCMR 4202.3 on any land-based 

treatment, storage, or disposal of 

hazardous waste within the District. 

This prohibition includes surface 

impoundments, waste piles, landfills, 

road treatment, and any other land 

application of hazardous waste. The 

District also prohibits land disposal, 

incineration, and underground injection 

of hazardous waste, and prohibits 

burning, processing, or incineration of 

hazardous waste, hazardous waste fuels, 

or mixtures of hazardous wastes and 

other materials in any type of 

incinerator, boiler, or industrial furnace. 

The Federal program does not include 

such prohibitions. 

(f) Unlike the Federal program, the 

District (at 20 DCMR 4202.3) prohibits 

the burning of both on- and offspecification used oil in the District, 

and prohibits the use of used oil as a 

dust suppressant. 

3. Federal Requirements for Which the 

District of Columbia Is Not Seeking 

Authorization 

A number of the District’s regulations 

are not part of the program revisions 

EPA is proposing to authorize. Those 

provisions include, but are not limited 

to, the following: 

(a) The District has regulations 

defining how program information is to 

be shared with the public, but is not 

seeking authorization for the 

Availability of Information requirements 

relative to RCRA section 3006(f). 

(b) The District is not seeking 

authority for the Federal corrective 

action program. EPA will continue to 

administer this part of the program. 

(c) The District has incorporated the 

Federal hazardous waste export 

provisions as codified in the July 1, 

2004 edition of Title 40, parts 262 and 

264 of the CFR into 20 DCMR Sections 

4262 and 4264. However, the District is 

not seeking authorization for these 

provisions at this time. EPA will 

continue to implement those 

requirements as appropriate. 

(d) 20 DCMR Section 4266 

incorporates the mixed waste provisions 

as codified in the July 1, 2004 edition 

of Title 40 of the CFR, but the District 

has not yet been authorized, nor is the 

District now seeking authorization, to 

implement the mixed waste regulations. 

The provisions at 20 DCMR 4266.1 and 

4266.3 will become effective in the 

District when the District is authorized 

for the mixed waste rules. 

H. Who handles permits after the 

authorization takes effect? 

The District will continue to issue 

permits covering 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 that EPA issued prior to the 

effective date of this authorization in 

accordance with the signed 

Memorandum of Agreement, dated 

March 10, 2017, which is included with 

this program revision application. Until 

such time as formal transfer of EPA 

permit responsibility to the District 

occurs and EPA terminates its permit, 

EPA and the District agree to coordinate 

the administration of permits in order to 

maintain consistency. EPA will not 

issue any new permits or new portions 

of permits for the provisions listed in 

Section G after the effective date of this 

authorization. EPA will continue to 

implement and issue permits for HSWA 

requirements for which the District is 

not yet authorized. 

I. How would this proposed action 

affect Indian Country (18 U.S.C. 115) in 

the District of Columbia? 

The District is not seeking authority to 

operate the program on Indian lands, 

since there are no Federally-recognized 

Indian Lands in the District. 

J. Statutory and Executive Order 

Reviews 

This authorization revises the 

District’s authorized hazardous waste 

management program pursuant to 

Section 3006 of RCRA and imposes no 

requirements other than those currently 

imposed by District law. This 

authorization complies with applicable 

executive orders and statutory 

provisions as follows: 

1. Executive Order 12866 

Under Executive Order (E.O.) 12866 

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

agencies must determine whether the 

regulatory action is ‘‘significant’’, and 

therefore subject to Office of 

Management and Budget (OMB) review 

and the requirements of the E.O. The 

E.O. defines ‘‘significant regulatory 

action’’ as one that is likely to result in 

a rule that may: (1) Have an annual 

effect on the economy of $100 million 

or more, or adversely affect in a material 

way, the economy, a sector of the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs, or the rights and obligations 

of recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the E.O. EPA 

has determined that this authorization is 

not a ‘‘significant regulatory action’’ 

under the terms of E.O. 12866 and is 

therefore not subject to OMB review. 

2. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq., because this 

authorization does not establish or 

modify any information or 

recordkeeping requirements for the 

regulated community and only seeks to 

authorize the pre-existing requirements 

under State law and imposes no 

additional requirements beyond those 

imposed by State law. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 


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or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing, and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR are listed in 40 CFR part 9. 

3. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

generally requires Federal agencies to 

prepare a regulatory flexibility analysis 

of any rule subject to notice and 

comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. For 

purposes of assessing the impacts of this 

authorization on small entities, small 

entity is defined as: (1) A small business 

defined by the Small Business 

Administration’s size regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district, or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. I certify that this 

authorization will not have a significant 

economic impact on a substantial 

number of small entities because the 

authorization will only have the effect 

of authorizing pre-existing requirements 

under State law and imposes no 

additional requirements beyond those 

imposed by State law. 

4. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act (UMRA) of 1995 (Pub. L. 

104–4) establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

or more in any one year. Before 

promulgating an EPA rule for which a 

written statement is needed, section 205 

of the UMRA generally requires EPA to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, most costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

The provisions of section 205 do not 

apply when they are inconsistent with 

applicable law. Moreover, section 205 

allows EPA to adopt an alternative other 

than the least costly, most cost-effective, 

or least burdensome alternative if the 

Administrator publishes with the rule 

an explanation why the alternative was 

not adopted. Before EPA establishes any 

regulatory requirements that may 

significantly or uniquely affect small 

governments, including tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. This 

authorization contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, or tribal governments or the 

private sector. It imposes no new 

enforceable duty on any State, local or 

tribal governments or the private sector. 

Similarly, EPA has also determined that 

this authorization contains no 

regulatory requirements that might 

significantly or uniquely affect small 

government entities. Thus, this 

authorization is not subject to the 

requirements of sections 202 and 203 of 

the UMRA. 

5. Executive Order 13132: Federalism 

This authorization does not have 

federalism implications. It 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 various levels of 

government, as specified in E.O. 13132 

(64 FR 43255, August 10, 1999). This 

document authorizes pre-existing State 

rules. Thus, E.O. 13132 does not apply 

to this authorization. In the spirit of E.O. 

13132, and consistent with EPA policy 

to promote communications between 

EPA and State and local governments, 

EPA specifically solicited comment on 

this authorization from State and local 

officials. 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (59 FR 

22951, November 9, 2000), requires the 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This authorization does 

not have tribal implications, as specified 

in E.O. 13175 because EPA retains its 

authority over Indian Country. Thus, 

E.O. 13175 does not apply to this 

authorization. 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the E.O. has the 

potential to influence the regulation. 

This action is not subject to E.O. 13045 

because it proposes to approve a State 

program. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This authorization 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’’ as defined under E.O. 

12866, as discussed in detail above. 

9. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), (Pub. L. 104– 

113, 12(d)) (15 U.S.C. 272), directs EPA 

to use voluntary consensus standards in 

its regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus bodies. 

The NTTAA directs EPA to provide 


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26922 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules 

Congress, through OMB, explanations 

when the Federal agency decides not to 

use available and applicable voluntary 

consensus standards. This authorization 

does not involve technical standards. 

Therefore, EPA is not considering the 

use of any voluntary consensus 

standards. 

10. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

has determined that this authorization 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations. This 

authorization does not affect the level of 

protection provided to human health or 

the environment because this document 

authorizes pre-existing State rules 

which are equivalent to and no less 

stringent than existing Federal 

requirements. 

11. The Congressional Review Act, 5 

U.S.C. 801–808 

The Congressional Review Act, 5 

U.S.C. 801–808, 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). 

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 proposed action is issued 

under the authority of sections 2002(a), 3006 

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

as amended, 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: May 2, 2018. 

Cosmo Servidio, 

Regional Administrator, U.S. EPA Region III. 

[FR Doc. 2018–12507 Filed 6–8–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2018–0159; FRL–9978–76] 

RIN 2070–AK45 

Asbestos; Significant New Use Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Under the Toxic Substances 

Control Act (TSCA), EPA is proposing a 

significant new use rule (SNUR) for 

asbestos as defined under the Asbestos 

Hazard Emergency Response Act. The 

proposed significant new use of asbestos 

(including as part of an article) is 

manufacturing (including importing) or 

processing for certain uses identified by 

EPA as no longer ongoing. The Agency 

has found no information indicating 

that the following uses are ongoing, and 

therefore, the following uses are subject 

to this proposed SNUR: Adhesives, 

sealants, and roof and non-roof coatings; 

arc chutes; beater-add gaskets; extruded 

sealant tape and other tape; filler for 

acetylene cylinders; high-grade 

electrical paper; millboard; missile 

liner; pipeline wrap; reinforced plastics; 

roofing felt; separators in fuel cells and 

batteries; vinyl-asbestos floor tile; and 

any other building material (other than 

cement). Persons subject to the SNUR 

would be required to notify EPA at least 

90 days before commencing any 

manufacturing (including importing) or 

processing of asbestos (including as part 

of an article) for a significant new use. 

The required notification initiates EPA’s 

evaluation of the conditions of use 

associated with the intended use within 

the applicable review period. 

Manufacturing (including importing) 

and processing (including as part of an 

article) for the significant new use may 

not commence until EPA has conducted 

a review of the notice, made an 

appropriate determination on the notice, 

and taken such actions as are required 

in association with that determination. 

DATES: Comments must be received on 

or before August 10, 2018. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2018–0159, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at http://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT:

For technical information contact: 

Robert Courtnage, National Program 

Chemicals Division (Mail Code 7404T), 

Office of Pollution Prevention and 

Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (202) 566–1081; email address: 

courtnage.robert@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture 

(including import), process, or 

distribute in commerce asbestos as 

defined by TSCA Title II, Section 202 

(15 U.S.C. 2642) (including as part of an 

article). The following list of North 

American Industrial Classification 

System (NAICS) codes is not intended 

to be exhaustive, but rather provides a 

guide to help readers determine whether 

this document applies to them. 

Potentially affected entities may 

include: 

• Construction (NAICS code 23) 

• Manufacturing (NAICS codes 31– 

33) 

• Wholesale Trade (NAICS code 42) 


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