### 3888 Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Rules and Regulations

laboratory and analytical uses shall be in effect through December 31, 2021, subject to the restrictions in appendix G of this subpart, and subject to the recordkeeping and reporting requirements at § 82.13(u) through (x). There is no amount specified for this exemption.

* * * * *

[FR Doc. 2015–01295 Filed 1–23–15; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**40 CFR Part 271**

**[EPA–R04–RCRA–2014–0710; FRL–9921– 90–Region 4]** 

**Georgia: Final Authorization of State Hazardous Waste Management**  **Program Revisions**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Direct final rule.

**SUMMARY :**  Georgia has applied to the Environmental Protection Agency (EPA) for final authorization of 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 direct final rule. In the ‘‘Proposed Rules’’ section of today’s Federal Register , EPA is also publishing a separate document that serves as the proposal to authorize these changes.
EPA believes this action is not controversial and does not expect comments that oppose it. Unless EPA receives written comments that oppose this authorization during the comment period, the decision to authorize Georgia’s changes to its hazardous waste program will take effect. If EPA receives comments that oppose this action, EPA will publish a document in the Federal Register withdrawing today’s direct final rule before it takes effect, and the separate document published in today’s ‘‘Proposed Rules’’ section of this Federal Register will serve as the proposal to authorize the changes.

**DATES :**  This final authorization will become effective on March 27, 2015
unless EPA receives adverse written comment by February 25, 2015. If EPA receives such comment, EPA will publish a timely withdrawal of this
direct 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–2014–0710, by one of the following methods:

• Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions for submitting comments.

• Email: gleaton.gwen@epa.gov

.

• Fax: (404) 562–9964 (prior to faxing, please notify the EPA contact listed below).

• Mail: Send written comments to Gwendolyn Gleaton, 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 Gwendolyn Gleaton, 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. Such deliveries are only accepted during the Regional Office’s normal hours of operation, and special arrangements should be made for
deliveries of boxed information.

Instructions: EPA must receive your comments by February 25, 2015. Direct your comments to Docket ID No. EPA– R04–RCRA–2014–0710. EPA’s policy is
that all comments received will be included 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 www.regulations.gov or email. The www.regulations.gov 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 publicly 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 www.regulations.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 in www.regulations.gov, or in hard copy.

You may view and copy Georgia’s application and associated publicly
available materials from 8:00 a.m. to 4:00 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) 562–8500; and the Georgia Department of Natural Resources, Environmental Protection Division, 2 Martin Luther King Jr. Drive, Suite 1154 East Tower, Atlanta, Georgia 30334–4910; telephone number: (404) 656–2833. Interested persons wanting to
examine these documents should make an appointment with the office at least
a week in advance.

**FOR FURTHER INFORMATION CONTACT :**  Gwendolyn Gleaton, 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) 562–8500; fax number: (404) 562–9964;
email address: gleaton.gwen@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 change their programs because of changes to EPA’s regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.

New Federal requirements and prohibitions imposed by Federal


### 3889 Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Rules and Regulations

regulations that EPA promulgates pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA)
take effect in authorized States at the same time that they take effect in unauthorized States. Thus, EPA will implement those requirements and prohibitions in Georgia, including the issuance of new permits implementing those requirements, until the State is granted authorization to do so.

B. What decisions has EPA made in this
rule?

On September 17, 2012, Georgia submitted a final complete program revision application, seeking authorization of changes to its hazardous waste program that correspond to certain Federal rules promulgated between July 1, 2007 and June 30, 2011 (also known as RCRA Clusters XVIII through XXI). EPA concludes that Georgia’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 grants Georgia final authorization to operate its hazardous waste program with the changes
described in the authorization application, and as outlined below in Section G of this preamble.

Georgia 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 HSWA, as discussed
above.

C. What is the effect of this
authorization decision?

The effect of this decision is that the changes described in Georgia’s authorization application will become part of the authorized State hazardous waste program, and will therefore be federally enforceable. Georgia will continue to have primary enforcement authority and responsibility for its State hazardous waste program. EPA retains
its authorities under RCRA sections 3007, 3008, 3013, and 7003, including its authority to:

• Conduct inspections, and require monitoring, tests, analyses or reports;

• Enforce RCRA requirements, including authorized State program 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 State regulations for which Georgia is being authorized by today’s action are already effective and enforceable requirements under State law, and are not changed by today’s action.

D. Why wasn’t there a proposed rule before today’s rule?

Along with this direct final rule, EPA is publishing a separate document in the ‘‘Proposed Rules’’ section of today’s Federal Register that serves as the proposal to authorize these State program changes. EPA did not publish a proposed rule before today because EPA views this as a routine program change and does not expect comments that oppose this approval. EPA is providing an opportunity for public comment now, as described in Section E of this preamble.

E. What happens if EPA receives comments that oppose this action?

If EPA receives comments that oppose this authorization, EPA will withdraw today’s direct final 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 proposed rule mentioned in the previous section, after considering all comments received during the comment period, and will
address all such comments in a later final rule. You may not have another opportunity to comment on these State program changes. If you want to comment on this authorization, you
must do so at this time.

If EPA receives comments that oppose only the authorization of a particular change to the State hazardous waste program, EPA will withdraw that part of today’s direct final 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 Georgia previously been
authorized for?

Georgia initially received final authorization on August 7, 1984, effective August 21, 1984 (49 FR 31417), to implement the RCRA hazardous waste management program. EPA granted authorization for changes to Georgia’s program on the following dates: July 7, 1986, effective September 18, 1986 (51 FR 24549); July 28, 1988, effective September 26, 1988 (53 FR 28383); July 24, 1990, effective September 24, 1990 (55 FR 30000); February 12, 1991, effective April 15, 1991 (56 FR 5656); May 11, 1992, effective July 10, 1992 (57 FR 20055); November 25, 1992, effective January 25, 1993 (57 FR 55466); February 26, 1993, effective April 27, 1993 (58 FR 11539); November 16, 1993, effective January 18, 1994 (58 FR 60388); April 26, 1994, effective June 27, 1994 (59 FR 21664); May 10, 1995, effective July 10, 1995 (60 FR 24790); August 30, 1995, effective October 30, 1995 (60 FR 45069); March 7, 1996, effective May 6, 1996 (61 FR 9108); September 18, 1998, effective November 17, 1998 (63 FR 49852); October 14, 1999, effective December 13, 1999 (64 FR 55629); November 28, 2000, effective March 30, 2001 (66 FR 8090); July 16, 2002, effective September 16, 2002 (67 FR 46600); November 19, 2002, effective January 21, 2003 (67 FR 69690); July 18, 2003, effective September 16, 2003 (68 FR 42605); January 27, 2005, effective April 20, 2005 (70 FR 12973); April 25, 2006, effective June 26, 2006 (71 FR 23864); and May 2, 2013, effective July 1, 2013 (78 FR 25579).

G. What changes is EPA authorizing
with this action?

On September 17, 2012, Georgia submitted a final complete program revision application, 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 Georgia’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. Therefore, EPA grants Georgia final authorization for the following program changes:


### 3890 Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Rules and Regulations

Description of Federal requirement **Federal Register** date and

page Analogous State authority 1

217—NESHAP: Final Standards for Hazardous Waste

Combustors (Phase I Final Replacement Standards and Phase II) Amendments. 73 FR 18970, 04/08/08 ...... 391–3–11–.01(2) and 391–3–11–.10(2)–(3).

218—F019 Exemption for Wastewater Treatment

Sludges from Auto Manufacturing Zinc Phosphating

Processes. 73 FR 31756, 06/04/08 ...... 391–3–11–.01(2) and 391–3–11–.07(1).

220—Academic Laboratories Generator Standards ........ 73 FR 72912, 12/01/08 ...... 391–3–11–.01(2); 391–3–11–.07(1); and 391–3–11– .08(1). 222—OECD Requirements; Export Shipments of Spent

Lead-Acid Batteries. 75 FR 1236, 01/08/10 ........ 391–3–11–.01(2); 391–3–11–.08(1); 391–3–11–.09; and 391–3–11–.10(1)–(3).
223—Hazardous Waste Technical Corrections and Clarifications. 75 FR 12989, 03/1/10, 75 FR 31716, 06/04/10. 391–3–11–.01(2); 391–3–11–.02(1);, 391–3–11–.07(1); 391–3–11–.08(1); 391–3–11–.09; 391–3–11–.10(1)– (3); 391–3–11–.11(5)(f); and 391–3–11–.16.
225—Removal of Saccharin and Its Salts from the List

of Hazardous Constituents. 75 FR 48918, 12/17/10 ...... 391–3–11–.01(2); 391–3–11–.07(1); and 391–3–11–

.16.
226—Academic Laboratories Generator Standards

Technical Corrections. 75 FR 79304, 12/20/10 ...... 391–3–11–.01(2) and 391–3–11–.08(1).

227—Revision of the Land Disposal Treatment, Standards for Carbamate Wastes. 76 FR 34147, 06/13/11 ...... 391–3–11–.01(2) and 391–3–11–.16.

1 The Georgia provisions are from the Georgia Rules for Hazardous Waste Management, Chapter 391–3–11, effective as of August 7, 2012.

H. Where are the revised State rules
different from the Federal rules?

There are no State requirements in the authorized program revisions listed
above that are considered to be more stringent or broader in scope than the Federal requirements.

The EPA cannot delegate the import and export functions at 40 CFR part 262, subparts E and H, contained in the OECD Export Rule set forth in 75 FR 1236 (January 8, 2010). Georgia has adopted these regulations by reference at Georgia Hazardous Waste Management Rule 391–3–11–.08(1), and has properly reserved EPA’s authority for their implementation at Rule 391–3– 11–.01(2)(a).

I. Who handles permits after the
authorization takes effect?

Georgia 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 EPA 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 Georgia is not
authorized.

J. What is codification and is EPA codifying Georgia’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 is not codifying the authorization of Georgia’s changes at this time. However, EPA reserves the amendment of 40 CFR part 272, subpart L, for the authorization of Georgia’s program changes at 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 section 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 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 the rule in


### 3891 Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Rules and Regulations

1 This fee was improperly referenced as the ‘‘approval’’ maintenance fee when HHS was instead requesting input on the records maintenance fee. As discussed below, commenters did offer feedback on the timing of the records maintenance fee.

2 The final fee schedules have been renamed and slightly reorganized and will be added to 42 CFR part 84 as appendices A and B. The fee schedules appear in full at the end of this document, following the regulatory text. 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 March 27, 2015, 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: January 13, 2015. Heather McTeer Toney, Regional Administrator Region 4.

[FR Doc. 2015–01040 Filed 1–23–15; 8:45 am]

**BILLING CODE 6560–50–P**

**DEPARTMENT OF HEALTH AND**
**HUMAN SERVICES**

**42 CFR Part 84**

**[Docket No. CDC–2013–0004; NIOSH–216]**

**RIN 0920–AA42**

**Respirator Certification Fees**

**AGENCY :**  Centers for Disease Control and Prevention, HHS.

**ACTION :**  Final rule. **SUMMARY :**  The Department of Health and Human Services (HHS) is revising the fee structure currently used by the National Institute for Occupational Safety and Health (NIOSH), within the
Centers for Disease Control and Prevention (CDC), to charge respirator manufacturers for the examination, inspection, and testing of respirators
which are submitted to NIOSH for the purpose of creating or modifying a certificate of approval. Existing regulations reflect prices for respirator testing and approval that were promulgated in 1972, and have not kept pace with the actual costs of providing these services that benefit respirator
manufacturers. This final rule is designed to update the regulations.

**DATES :**  This final rule is effective on May 26, 2015.

**FOR FURTHER INFORMATION CONTACT :**  Rachel Weiss, Program Analyst; 1090 Tusculum Ave., MS: C–46, Cincinnati, OH 45226; telephone (855) 818–1629 (this is a toll-free number); email NIOSHregs@cdc.gov.

**SUPPLEMENTARY INFORMATION :**  This final rule is designed to establish fees for the following: (1) Reviewing applications submitted to NIOSH; (2) issuing a certificate of approval; (3) modifying a certificate of approval; (4) maintaining a certificate of approval; (5) performing specific, standard laboratory tests which are requested by applicants; (6) developing and/or performing novel tests which are required to evaluate respirator performance; (7) qualifying applicant respirator production sites and quality systems; (8) verifying quality system performance through manufacturing site quality audits; (9) verifying commercially available respirator performance through product quality audits; (10) replacing testing equipment; and (11) providing and maintaining laboratories and office

space.

The preamble is organized as follows:

I. Public Participation II. Background III. Summary of Final Rule and Response to
Public Comments IV. Regulatory Assessment Requirements

A. Executive Order 12866 and Executive

Order 13563 B. Regulatory Flexibility Act C. Paperwork Reduction Act of 1995 D. Small Business Regulatory Enforcement

Fairness Act
E. Unfunded Mandates Reform Act of 1995 F. Executive Order 12988 (Civil Justice) G. Executive Order 13132 (Federalism) H. Executive Order 13045 (Protection of

Children From Environmental Health Risks and Safety Risks) I. Executive Order 13211 (Actions

Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use) J. Plain Writing Act of 2010

I. Public Participation

Interested persons or organizations were invited to participate in this rulemaking by submitting written views, recommendations, and data. In addition, HHS invited comments specifically on the following:

(1) To delay the implementation of the approval 1 maintenance fee specified in ‘‘Respirator Certification Fee
Schedule A—Administrative Fees’’ 2 until 4 months after the publication date
of the final rule to allow current approval holders to adjust their inventory of old, obsolete, or marginally profitable certificates of approval. In particular, HHS invited comments on whether 4 months after publication of
the final rule allows for a sufficient
amount of time to make such adjustments; and

(2) One year as the minimum amount
of time for new fees to remain in effect to provide manufacturers sufficient time to plan for application submissions and to determine which approvals to

maintain.

Substantive comments were submitted by 11 interested parties, both to the rulemaking docket and during the public meeting held April 30, 2013. Commenters included respirator manufacturers, trade associations, and a private testing laboratory.

II. Background

Under 42 CFR part 84—Approval of Respiratory Protective Devices, NIOSH approves respirators used by workers in mines and other workplaces for protection against hazardous atmospheres. The Mine Safety and Health Administration (MSHA) and the Occupational Safety and Health Administration (OSHA) require U.S. employers to supply NIOSH-approved respirators to their employees whenever the employer requires the use of respirators. NIOSH currently charges fees for the examination, inspection, and testing of such respirators which is necessary to grant the required approval. This final rule is designed to ensure that all approval activities are covered by appropriate fees, to update the fees charged, and to create a