86100 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules 

02Q. 0802 Gasoline service stations and 

dispensing facilities (Effective 04/01/2018) 

02Q. 0803 Coating, solvent cleaning, 

graphic arts operations (Effective 04/01/ 

2018) 

02Q. 0804 Dry cleaning facilities (Effective 

04/01/2018) 

02Q. 0805 Grain elevators (Effective 04/01/ 

2018) 

02Q. 0806 Cotton gins (Effective 04/01/ 

2018) 

02Q. 0807 Emergency generators (Effective 

04/01/2018) 

02Q. 0808 Peak shaving generators 

(Effective 04/01/2018) 

02Q. 0810 Air curtain burners (Effective 04/ 

01/2018) 

Section .0900—Permit Exemptions 

02Q. 0901 Purpose and scope (Effective 04/ 

01/2018) 

02Q. 0902 Portable crushers (Effective 04/ 

01/2018) 

02Q. 0903 Emergency generators (Effective 

04/01/2018) 

* * * * * 

[FR Doc. 2023–27091 Filed 12–11–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R09–RCRA–2021–0431; FRL–8828– 

04–R9] 

Arizona: Authorization of State 

Hazardous Waste Management 

Program Revisions; Proposed 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) approved revisions to 

Arizona’s federally authorized 

hazardous waste program by publishing 

proposed and direct final rules in the 

Federal Register on September 28, 2021. 

EPA inadvertently omitted a citation to 

Checklist 233 in the text of the proposed 

and direct final rule. With this 

correction, EPA is clarifying that 

Arizona has adopted Checklist 233 and 

is authorized for the Response to 

Vacatur of Certain Provisions of the 

Definition of Solid Waste Rule 

published on May 30, 2018. 

Additionally, EPA is clarifying that 

Arizona is not required to adopt 

Checklist 224: Withdrawal of the 

Emission Comparable Fuel Exclusion. 

Arizona did not adopt the exclusion 

contained in Checklist 221, and thus, 

does not have the exclusion as part of 

its authorized state program. We are 

proposing to correct these and related 

errors. EPA seeks public comment prior 

to taking final action. 

DATES: Comments on this proposed 

correction must be received by January 

11, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

RCRA–2021–0431, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Sorcha Vaughan, EPA Region 9, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4217 or by 

email at vaughan.sorcha@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are corrections to the revised 

state program authorization necessary? 

States that have received final 

authorization from EPA under Section 

3006(b) of the Resource Conservation 

and Recovery Act (RCRA), 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 to maintain consistency 

and stringency with the federal rules 

and must ask EPA to authorize the 

changes. EPA’s Federal Register notices 

regarding proposed authorization of 

revisions to state hazardous waste 

management programs provide the 

public with an opportunity to comment 

and also offer details with respect to the 

scope of the revised program 

authorizations on which both the 

general public and the regulated 

community may rely. Where these 

notices omit critical information or fail 

to clearly delineate the scope of 

authorized program revisions, 

corrections may be necessary and/or 

appropriate. 

B. What corrections is EPA making to 

this rule? 

EPA authorized changes to Arizona’s 

hazardous waste program with the 

proposed and direct to final rule on 

September 28, 2021 (86 FR 53558). EPA 

is now proposing to correct this updated 

authorization by: (1) clarifying that 

Arizona has adopted and is authorized 

for Response to Vacatur of Certain 

Provisions of the Definition of Solid 

Waste Rule 83 FR 24664 (May 5, 2018); 

and (2) recognizing that because 

Arizona did not adopt the exclusion 

contained in Checklist 221 the adoption 

of Checklist 224 is unnecessary. These 

proposed corrections to the scope of 

Arizona’s authorized hazardous waste 

program would become effective if 

finalized. 

C. What happens if EPA receives 

comments that oppose this proposed 

action? 

EPA will consider all comments 

received during the comment period 

and address them in a final rule. You 

may not have another opportunity to 

comment. If you want to comment on 

the corrections proposed here, you must 

do so at this time. 

D. What has Arizona previously been 

authorized for? 

Arizona initially received final 

authorization to implement its base 

hazardous waste management program 

on November 20, 1985. Arizona 

received authorization for revisions to 

its program on August 6, 1991 (56 FR 

37290 effective October 7, 1991), July 

13, 1992 (57 FR 30905 effective 

September 11, 1992), November 23, 

1992 (57 FR 54932 effective January 22, 

1993), October 27, 1993 (58 FR 57745 

effective December 27, 1993), July 18, 

1995 (60 FR 36731 effective June 12, 

1995), March 7, 1997 (62 FR 10464 

effective May 6, 1997), October 28, 1998 

(63 FR 57605–57608 effective December 

28, 1998), March 17, 2004 (69 FR 12544 

effective March 17, 2004, originally 

published on October 27, 2000 (65 FR 

64369)), December 20, 2017 (82 FR 

60550 effective January 20, 2018), and 

September 28, 2021 (86 FR 53558 

effective November 29, 2021). 

E. What changes is EPA proposing to 

authorize with this action? 

EPA proposes to correct and clarify 

the terms of the September 28, 2021, 

authorization of Arizona’s hazardous 

waste program with respect to the 

definition of a solid waste. EPA also 

proposes to acknowledge that Arizona is 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules 86101 

not required to seek authorization for 

Checklist 224, as it did not adopt the 

associated exclusion from Checklist 221 

into its state regulations. 

1. Proposed Changes to the State 

Analogues to the Federal Program Table. 

EPA is recreating in this proposal the 

State Analogues to the Federal Program 

table that was published in the 

proposed authorization update Federal 

Register notice at 86 FR 53558 (Sept. 28, 

2021). EPA inadvertently omitted from 

the proposed and final rules that under 

Checklist 233 Arizona has adopted and 

was authorized for in 83 FR 24664 (May 

30, 2018) Response to Vacatur of Certain 

Provisions of the Definition of Solid 

Waste Rule. The corrections proposed in 

this rule, and described above, would 

require modifications to the State 

Analogues to the Federal Program table 

published on September 28, 2021 (86 FR 

53558), as follows: 

Description of Federal requirement 

and checklist number 

Federal Register volume, 

page and date 

Arizona Administrative 

Register (A.A.R) and 

effective date 

Arizona Administrative 

Code (A.A.C) implementing 

rule sections 

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

Phase II) Amendments (217).

73 FR 18970 (4/8/2008) .... 21 A.A.R 1246 (9/05/2015) R18–8–264 (A). 

R18–8–266 (A). 

F019 Exemption for Wastewater Treatment Sludges 

from Auto Manufacturing Zinc Phosphating Processes.

73 FR 31756 (6/04/2008) .. 21 A.A.R 1246 (9/05/2015) R18–8–261 (A). 

Revisions to DSW Rule (219) ......................................... 73 FR 64668–64788 (10/ 

30/2008).

26 A.A.R 2949 (11/03/ 

2020).

R18–8–260 (C). 

R18–8–261 (A). 

R18–8–270 (A) 

Academic Laboratories Generator Standards (220) ....... 73 FR 72912 (12/01/2008) 21 A.A.R 1246 (9/05/2015) R18–8–262 (A). 

OECD Requirements; Export Shipments of Spent LeadAcid Batteries (222).75 FR 1236–1262 (1/8/ 

2010).

21 A.A.R 1246 (9/05/2015) R 18–8–262 (A). 

R18–8–263 (A). 

R18–8–264 (A). 

R18–8–264 (A). 

R18–8–266 (A). 

Technical Corrections/Clarifications (223) ....................... 75 FR 12989–13009 (3/18/ 

2010), 75 FR 31716– 

31717 (6/4/2010).

21 A.A.R 1246 (9/05/2015) R18–8–260 (C). 

R18–8–262 (A). 

R18–8–262 (A). 

R18–8–263(A). 

R18–8–264 (A). 

R18–8–265 (A). 

R18–8–266 (A). 

R18–8–268. 

R18–8–270 (A). 

Removal of Saccharin and its Salts from the list of HW 

(225).

75 FR 78918–78926 (12/ 

17/2010).

21 A.A.R 1246 (9/05/2015) R18–8–261(A). 

R18–8–268. 

Academic Laboratories Generator Standards Technical 

Corrections (226).

75 FR 79304 (12/20/2010) 21 A.A.R 1246 (9/05/2015) R18–8–261 (A). 

R18–8–262 (A). 

Revisions to Treatment Standards of Carbamate 

Wastes (227).

76 FR 34147–34157 (6/13/ 

2011).

21 A.A.R 1246 (9/05/2015) R18–8–268. 

Technical Correction/Clarification (228) .......................... 77 FR 22229–22232 (4/13/ 

2012).

21 A.A.R 1246 (9/05/2015) R18–8–261 (A). 

R18–8–266 (A). 

Conditional Exclusions for Solvent Contaminated Wipes 

(229).

78 FR 46448–46485 (7/31/ 

2013).

21 A.A.R 1246 (9/05/2015) R18–8–260 (A). 

R18–8–261 (A). 

Conditional Exclusion for Carbon Dioxide (CO2) 

Streams in Geologic Sequestration Activities (230).

79 FR 350 (1/03/2014) ...... 25 A.A.R 435 (2/05/2019) R18–8–260 (C). 

R18–8–261 (A). 

Hazardous Waste Electronic Manifest System (231) ..... 79 FR 7518–7563 (2/7/ 

2014).

25 A.A.R 435 (2/05/2019) R18–8–260 (C). 

R18–8–262 (A). 

R18–8–263 (A). 

R18–8–264 (A). 

R18–8–265 (A). 

Revisions to Export Provisions of the Cathode Ray 

Tube (CRT) Rule (232).

79 FR 36220–36231 (6/26/ 

2014).

25 A.A.R 435 (2/05/2019) R18–8–260 (C). 

R18–8–261 (A). 

Revision to DSW Rule—Non-waste determinations and 

variances (233).

80 FR 1694–1814 (1/13/ 

2015); 83 FR 24664– 

24671 (5/30/2018).

26 A.A.R 2949 (11/03/ 

2020).

R18–8–260 (C). 

R18–8–261 (A). 

R18–8–270 (A). 

Vacatur of Comparable Fuels and Gasification (234) ..... 80 FR 18777–18780 (4/8/ 

2015).

25 A.A.R 435 (2/05/2019) R18–8–260 (C). 

R18–8–261 (A). 

Disposal of Coal Combustion Residuals from Electric 

Utilities (235).

80 FR 21302 (4/17/2015) .. 25 A.A.R 435 (2/05/2019) R18–8–261 (A). 

Imports and Exports of Hazardous Waste (236) ............ 81 FR 85696–85729 (11/ 

28/2016), 82 FR 41015– 

41016 (8/29/2017).

25 A.A.R 435 (2/05/2019) R18–8–260 (C). 

R18–8–261 (A). 

R18–8–262 (A). 

R18–8–263 (A). 

R18–8–264 (A). 

R18–8–265 (A). 

R18–8–266 (A). 

R18–8–273. 


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86102 Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules 

Description of Federal requirement 

and checklist number 

Federal Register volume, 

page and date 

Arizona Administrative 

Register (A.A.R) and 

effective date 

Arizona Administrative 

Code (A.A.C) implementing 

rule sections 

Generator Improvements Rule (237) .............................. 81 FR 85732–85829 (11/ 

28/2016).

25 A.A.R 435 (2/05/2019) R18–8–260 (C). 

R18–8–265 (A). 

R18–8–268. 

R18–8–270(A). 

R18–8–273. 

Confidentiality Determinations for Hazardous Waste Export and Import Documents (238).82 FR 60894–60901 (12/ 

26/2017).

25 A.A.R 435 (2/05/2019) R18–8–260 (C). 

R18–8–261 (A). 

R18–8–262 (A). 

Hazardous Waste Electronic Manifest System User Fee 

(239).

83 FR 420–462 (1/3/2018) 25 A.A.R 435 (2/05/2019) R18–8–260 (C). 

R18–8–262 (A). 

R18–8–263 (A). 

R18–8–264 (A). 

R18–8–265 (A). 

Safe Management of Recalled Airbags (240) ................. 83 FR 61552 (11/30/2018) 26 A.A.R 2949 (11/03/ 

2020).

R18–8–260 (C). 

R18–8–261 (A). 

R18–8–262 (A). 

Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine (241).84 FR 5816 (2/22/2019) .... 26 A.A.R 2949 (11/03/ 

2020).

R18–8–260 (C). 

R18–8–261(A). 

R18–8–262 (A). 

R18–8–263 (A). 

R18–8–264 (A). 

R18–8–265 (A). 

R18–8–266(A). 

R18–8–286. 

R18–8–270 (A). 

R18–8–273. 

Universal Waste Regulations: Addition of Aerosol Cans 

(242).

84 FR 67202 (12/09/2019) 26 A.A.R 2949 (11/03/ 

2020).

R18–8–260 (C). 

R18–8–261 (A). 

R18–8–264 (A). 

R18–8–265 (A). 

R18–8–268. 

R18–8–270 (A). 

R18–8–273. 

2. There are several Federal rules that 

have been vacated, withdrawn, or 

superseded. As a result, authorization of 

these rules may be moot. However, for 

purposes of completeness, these rule 

checklists are included above with an 

explanation as to the rule’s status in 

Arizona. Arizona never adopted the 

RCRA comparable fuel exclusion 

contained in Checklist 221: Expansion 

of RCRA Comparable Fuel Exclusion (73 

FR 77954, December 19, 2008) therefore 

adopting Checklist 224: Withdrawal of 

the Emission Comparable Fuel 

Exclusion (75 FR 33712, June 15, 2010) 

would be unnecessary. Arizona’s 

authorized program continues to be 

equivalent to and no less stringent than 

the Federal program without having to 

make any conforming changes pursuant 

to the checklists. 

F. How does this action affect Indian 

country (18 U.S.C. 1151) in Arizona? 

Arizona is not authorized to carry out 

its hazardous waste program in Indian 

country within the state. Therefore, this 

action has no effect on Indian country. 

EPA retains jurisdiction over Indian 

country and will continue to implement 

and administer the federal RCRA 

program on these lands. 

G. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action (RCRA 

state authorization) from the 

requirements of Executive Order 12866 

(58 FR 51735, October 4, 1993) and 

13563 (76 FR 3821, January 21, 2011). 

Therefore, this action is not subject to 

review by OMB. This action proposes 

corrections to the authorization of state 

requirements for the purpose of Section 

3006 of RCRA and imposes no 

additional requirements beyond those 

imposed by state law. Accordingly, 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 proposes 

correction of the authorization of preexisting 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). As 

explained above, this proposed 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 proposed 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 

corrects the Federal Register notice in 

which EPA authorized 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 proposed 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 

concern environmental health or safety 

risks that EPA has reason to believe may 

disproportionally affect children. This 

proposed correction 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Proposed Rules 86103 

regulatory action under Executive Order 

12866. 

Under RCRA Section 3006(b), the 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 the 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 do not apply. 

See 15 U.S.C. 272 note, sec. 12(d)(3), 

Public Law 104–113, 110 Stat. 783 (Mar. 

7, 1996) (exempting compliance with 

the NTTAA’s requirement to use VCS if 

compliance is ‘‘inconsistent with 

applicable law’’). As required by section 

3 of Executive Order 12988 (61 FR 4729, 

February 7, 1996), in issuing this 

proposed correction to its rule, the EPA 

has taken the necessary steps to 

eliminate drafting errors and ambiguity, 

minimize potential litigation, and 

provide a clear legal standard for 

affected conduct. The EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 1988) by examining the 

takings implications of the proposed 

correction to 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 proposed 

correction to the rule authorizing 

Arizona’s revision to DSW Rule Nonwaste determinations and variances 

does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 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. 

Because this proposed correction to the 

Arizona’s Revision to DSW Rule—Nonwaste determinations and variances 

authorization rule authorizes preexisting state rules which are at least 

equivalent to, and no less stringent than 

existing federal requirements, and 

impose no additional requirements 

beyond those imposed by state law, and 

there are no anticipated significant 

adverse human health or environmental 

effects, the rule is not subject to 

Executive Order 12898. 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. The 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 of the final rule correction 

in the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This proposed correction is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

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: November 26, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2023–27156 Filed 12–11–23; 8:45 am] 

BILLING CODE 6560–50–P 


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