91574 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 

quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving EJ for communities with EJ 

concerns. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 21, 2025. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 12, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart RR—Tennessee 

■ 2. In § 52.2220(c), amend Table 2 

under the heading ‘‘Division IV— 

Emission Standards’’ by: 

■ a. Adding ‘‘Section 9–12–24 Limits on 

Emissions due to Malfunctions, 

Startups, and Shutdowns’’ to be in 

numerical order; and 

■ b. Revising ‘‘Section 16–87 Limits on 

Emissions due to Malfunctions, 

Startups, and Shutdowns.’’ 

The addition and revision read as 

follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—EPA APPROVED MEMPHIS-SHELBY COUNTY REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Division IV Source Emissions Standards 

Section 9–12–24 ............... Limits on Emissions due to Malfunctions, Startups & Shutdowns.2/22/22 11/20/2024, [Insert first 

page of Federal Register citation].

With the exception of TAPCR Section 1200–3–20–.03, 

.06(1), (4) and (5). With the same exceptions, 

EPA’s approval includes the corresponding sections 

of the Air Pollution Control Regulations/Ordinances 

for the remaining jurisdictions within Shelby County: 

Shelby County—Section 3–9 (locally effective on 

January 13, 2020); Town of Arlington—Section 20– 

101 (locally effective on November 2, 2020); City of 

Bartlett—Section 20–101 (locally effective on December 8, 2020); Town of Collierville—Section 

96.02 (locally effective on November 23, 2020); City 

of Germantown—Section 9–21(24) (locally effective 

on July 12, 2021); City of Lakeland—Section 20– 

101 (locally effective on February 10, 2022); and 

Town of Millington—Section 20–101 (locally effective on October 12, 2020). 

* * * * * * * 

Section 16–87 ................... Limits on Emissions due to Malfunctions, Startups & Shutdowns.8/14/89 11/20/2024, [Insert first 

page of Federal Register citation].

Only TAPCR Section 1200–3–20–.03 with a State effective date of March 21, 1979, and the first sentence of TAPCR Section 1200–3–20–.07(1) with a 

State effective date of December 14, 1981. 

[FR Doc. 2024–26928 Filed 11–19–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R04–RCRA–2024–0451; FRL–12278– 

01–R4] 

Tennessee: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final action. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action on the authorization of changes 

to Tennessee’s hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA), as amended. 

These changes were outlined in a 

December 8, 2023, application to the 

EPA. We have determined that these 

changes satisfy all requirements needed 

for final authorization. 


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1A ‘‘Cluster’’ is a grouping of hazardous waste 

rules that the EPA promulgates from July 1st of one 

year to June 30th of the following year. 

2A ‘‘checklist’’ is developed by the EPA for each 

Federal rule amending the RCRA regulations. The 

checklists document the changes made by each 

Federal rule and are presented and numbered in 

chronological order by date of promulgation. 

DATES: This authorization is effective on 

January 21, 2025 without further notice 

unless the EPA receives adverse 

comment by December 20, 2024. If the 

EPA receives adverse comment, we will 

either publish a timely withdrawal of 

this direct final action in the Federal 

Register informing the public that the 

authorization will not take effect, or we 

will publish a notification containing a 

response to comments that either 

reverses the decision or affirms that the 

final action will take effect. In the event 

that the final action is withdrawn, we 

would address all public comments and 

make a final decision on authorization 

in a subsequent final action. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

RCRA–2024–0451, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The 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. The 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. 

The EPA encourages electronic 

submittals and lists all publicly 

available docket materials electronically 

at www.regulations.gov. If you are 

unable to make electronic submittals or 

require alternative access to docket 

materials, please notify Robin Billings 

through the provided contacts in the 

FOR FURTHER INFORMATION CONTACT

section. Please also contact Robin 

Billings if you need assistance in a 

language other than English or if you are 

a person with disabilities who needs a 

reasonable accommodation at no cost to 

you. 

FOR FURTHER INFORMATION CONTACT: 

Robin Billings; RCRA Programs and 

Cleanup Branch; Land, Chemicals and 

Redevelopment Division; U.S. 

Environmental Protection Agency; 

Atlanta Federal Center, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960; 

telephone number: (404) 562–8515; fax 

number: (404) 562–9964; email address: 

billings.robin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is the EPA using a direct final 

action? 

The EPA is publishing this action 

without a prior proposed rule because 

we view this as a noncontroversial 

action and anticipate no adverse 

comment. This action is a routine 

program change. However, in the 

‘‘Proposed Rules’’ section of this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule allowing the public an 

opportunity to comment. We will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. For 

further information about commenting 

on this action, see the ADDRESSES

section of this document. 

If the EPA receives adverse 

comments, we will either withdraw this 

action by publishing a document in the 

Federal Register before the action 

becomes effective, or we will publish a 

notification containing a response to 

comments that either reverses the 

decision or affirms that the final action 

will take effect. In the event that the 

final action is withdrawn, the EPA 

would base any further decision on the 

authorization of the State’s program 

changes on the proposal mentioned in 

the previous paragraph and after 

consideration of all comments received 

during the comment period. We would 

address all public comments and make 

a final decision on authorization in a 

subsequent final action. 

II. Why are revisions to State programs 

necessary? 

States that have received final 

authorization from the 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 the 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 the EPA’s regulations in title 

40 of the Code of Federal Regulations 

(CFR), parts 124, 260 through 268, 270, 

273, and 279. 

New Federal requirements and 

prohibitions imposed by Federal 

regulations that the EPA promulgates 

pursuant to the Hazardous and Solid 

Waste Amendments of 1984 (HSWA) 

take effect in authorized states at the 

same time they take effect in 

unauthorized States. Thus, the EPA will 

implement those requirements and 

prohibitions in Tennessee, including the 

issuance of new permits implementing 

those requirements, until the State is 

granted authorization to do so. 

III. What decisions has the EPA made 

in this action? 

Tennessee submitted a complete 

program revision application (PRA), 

dated December 8, 2023, seeking 

authorization of changes to its 

hazardous waste program corresponding 

to certain Federal rules promulgated 

between December 1, 1987, and June 30, 

2022 (including HSWA Cluster II 1

(Checklist 2 44C only) and RCRA 

Clusters XXVII (Checklist 241 only) and 

XXX). Additionally, Tennessee 

included, in its PRA, amendments to 

provisions that had been excluded from 

previously authorized checklists in 

parts of Clusters XVI, XVII, XXIII, XXIV, 

and XXV. The EPA concludes that 

Tennessee’s application to revise its 

authorized program meets all of the 

statutory and regulatory requirements 

established under RCRA, as set forth in 

RCRA section 3006(b), 42 U.S.C. 

6926(b), and 40 CFR part 271. Therefore, 

the EPA grants Tennessee final 

authorization to operate its hazardous 

waste program with the changes 

described in the PRA and as outlined 

below in section VI of this document. 

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 PRA, subject to 

the limitations of HSWA, as discussed 

above. 

IV. What is the effect of this 

authorization decision? 

The effect of this decision is that the 

changes described in Tennessee’s PRA 

as outlined below and in section VI of 

this document will become part of the 

authorized State hazardous waste 

program and will therefore be federally 

enforceable. Tennessee will continue to 

have primary enforcement authority and 

responsibility for its State hazardous 

waste program. The EPA will maintain 


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91576 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 

3The changes to both Rule 0400–12– 

01.09(8)(a)2(iii) from Checklist 212, and Rule 0400– 

12–01–.02 (29)(a)1, from Checklist 233E, are not 

being authorized due to inaccuracies in the state 

regulatory text. The prior versions of each of these 

provisions were authorized in the September 12, 

2022, Final Authorization (87 FR 41610). Tennessee 

will correct these inaccuracies in a future 

rulemaking. 

its authorities under RCRA sections 

3007, 3008, 3013, and 7003, including 

its authority to: 

• Conduct inspections, and require 

monitoring, tests, analyses, and 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 

regulations for which the EPA is 

authorizing Tennessee are already 

effective under State law and are not 

changed by this action. 

V. 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. The EPA 

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); May 11, 2006, 

effective July 10, 2006 (71 FR 27405); 

October 5, 2012, effective December 4, 

2012 (77 FR 60919); March 20, 2015, 

effective May 19, 2015 (80 FR 14847); 

and July 13, 2022, effective September 

12, 2022 (87 FR 41610). 

VI. What changes is the EPA 

authorizing with this action? 

Tennessee submitted a complete PRA, 

dated December 8, 2023, seeking 

authorization of changes to its 

hazardous waste management program 

in accordance with 40 CFR 271.21. This 

application included changes associated 

with Checklists 44C, 241, and 244 from 

HSWA Cluster II and RCRA Clusters 

XXVII and XXX. The EPA is authorizing 

all of these changes. 

The PRA also included revisions to 

Checklists 212, 214, 231, 233B, 233D2, 

233E, and 237. Tennessee was 

previously authorized for these 

Checklists in the September 12, 2022, 

Final Authorization (87 FR 41610); 

however, certain provisions of the 

Tennessee regulations associated with 

these Checklists included omissions or 

errors that required correction. 

Tennessee has corrected these 

omissions and errors and has submitted 

the corrected provisions for 

authorization. The EPA is authorizing 

all but two 3 of these revised provisions. 

The EPA has determined, subject to 

receipt of written comments that oppose 

this action, that Tennessee’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, the EPA grants final 

authorization to Tennessee for the 

following program changes: 

A. Newly Submitted Checklists 

Description of Federal requirement Federal Register date and 

page Analogous state authority 1

Checklist 44C, Corrective Action for 

Injection Wells.

52 FR 45788, 12/1/1987 ....... 0400–12–01–.05(1)(b)2(ix) [reserved]; and 0400–12–01–.07(1)(c)1(ii)(III)I 

and II. 

Checklist 241, Management Standards for Hazardous Waste Pharmaceuticals and Amendment to 

the P075 Listing for Nicotine.

84 FR 5816, 02/22/2019 ....... 0400–12–01–.02(1)(d)1(i)(II) and (1)(g)3; 0400–12–01–.02(4)(d)3, (4)(d)3 

Comment, and (4)(d)5 Table; 0400–12–01–.03(1)(a)2(xii), (1)(a)2(xiii)(I) 

through (III), (1)(d)3(x), (1)(e)1(v)(IX), and (1)(e)1(v)(X); 0400–12–01– 

.06(1)(b)2(xi); 0400–12–01–.05(1)(b)2(xiii); 0400–12–01–.09(16); 0400– 

12–01–.10(1)(g), (1)(g)1, and (4)(a)1(iv) and (v); 0400–12–01– 

.07(1)(b)4(x); and 0400–12–01–.12(7)(a)1 and (7)(a)4. 

Checklist 244, Canada Import Export 

Recovery and Disposal Code 

Changes.

86 FR 54381, 10/01/2021 ..... 0400–12–01–.03(9)(b), (9)(d)2(iii), (9)(d)6(vi), (9)(d)6(vi)(I) and (II), 

(9)(e)2(ii), (9)(e)6(v), (9)(e)7(ii), and (9)(e)8(ii)(III); 0400–12–01– 

.06(2)(c)1(iv)(II); and 0400–12–01–.05(2)(c)1(iv)(II). 

1The Tennessee regulatory citations are from the Tennessee Rules of the Division of Solid Waste Management (Hazardous Waste Program), 

Chapter 0400–12–01. Citations to Rules .02, .03, .05–.07, .09, and .10 within this Chapter refer to the regulatory text revised as of September 

2022. Citations to Rule .12 within this Chapter refer to the regulatory text revised as of April 2022. 

B. Revisions to Previously Authorized 

Checklists 

Tennessee was authorized for each of 

the Checklists in the table below as a 

part of the Final Authorization effective 

September 12, 2022 (87 FR 41610), 

although certain provisions contained 

omissions or errors that required 

correction. Tennessee is submitting its 

revisions to these previously authorized 

provisions, and the EPA is authorizing 

them here. 

Description of Federal requirement Federal Register 

date and page Analogous state authority 1

Checklist 212, National Emission 

Standards for Hazardous Air Pollutants: Final Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase 

I Final Replacement Standards 

and Phase II).

70 FR 59402, 10/12/2005 ..... 0400–12–01–.06(15)(a)2(i) and (iii); 0400–12–01–.05(15)(a)2(i); 0400– 

12–01–.09(8)(a)2(i); 0400–12–01–.07(2)(h), (2)(h)1, (2)(h)1(i) through 

(ix),2 and (2)(h)2 (removed); 0400–12–01–.07(5)(b)5(v), (5)(b)8, 

(5)(b)10(iv)(III), and (5)(b)11(v)(III); 0400–12–01–.07(8)(b)2(iii); 0400– 

12–01–.07(9)(c)5(x)(I) through (III), (9)(c)5(xi)(I), (9)(c)5(xi)(I) I and II, 

(9)(c)5(xi)(I) IV, and (9)(c)5(xi)(II), and (9)(c)5(xi)(II) I; 0400–12–01– 

.07(10)(l)10; 0400–12–01–.07(1)(e) and (1)(j); and 0400–12–01– 

.07(12)(a)1(i)–(ii), (12)(a)2(i), and (12)(a)3. 


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Description of Federal requirement Federal Register 

date and page Analogous state authority 1

Checklist 214, Corrections to Errors 

in the Code of Federal Regulations.

71 FR 40254, 7/14/2006 ....... 0400–12–01–.05(14)(b)4(i); 3 and 0400–12–01–.10(3)(f) table 1. 

Checklist 231, Hazardous Waste 

Electronic Manifest System; Final 

Rule.

79 FR 7518, 2/7/2014 ........... 0400–12–01–.01(7)(a)1(i)(II). 

Checklist 233B, Legitimacy-related 

provisions, including prohibition of 

sham recycling, definition of legitimacy, definition of contained.

80 FR 1694, 1/13/2015 ......... 0400–12–01–.01(5)(d)2 and (5)(d)2(ii).4

Checklist 233D2, 2008 DSW exclusions and non-waste determinations, including revisions from 

2015 DSW final rule and 2018 

DSW final rule.

80 FR 1694, 1/13/2015; 83 

FR 24664, 5/30/2018.

0400–12–01–.01(2)(a) Definition of ‘‘Facility’’; and 0400–12–01– 

.02(13)(b)5, (13)(b)6(i), (13)(b)6(ii), (13)(c), (13)(c)2, (13)(c)3, 

(13)(c)4(iii), (13)(d), (13)(d)1(i), (13)(d)2(ii), and (13)(d)6(viii)(II).5

Checklist 233E, Remanufacturing exclusion.80 FR 1694, 1/13/2015 ......... 0400–12–01–.02(1)(d)1(xxvii)(VI) II E and (1)(d)1(xxvii)(VI) V; 0400–12– 

01–.02(10)(d)1 Note and (10)(g) Notes; 0400–12–01–.02(27)(a), 

(27)(d)14(i)(II),6 and (27)(d)14(i)(III); 0400–12–01–.02(28)(a)1; and 

0400–12–01–.02(29)(b). 

Checklist 237, Hazardous Waste 

Generator Improvements Rule.

81 FR 85732, 11/28/2016 ..... 0400–12–01–.03(1)(a)2(i)(II); 0400–12–01–.03(12)(j)4 (removed).7

1The Tennessee regulatory citations are from the Tennessee Rules of the Division of Solid Waste Management (Hazardous Waste Program), 

Chapter 0400–12–01. Citations to Rules .01–.03, .05–.07, .09, and .10 within this Chapter refer to the regulatory text revised as of September 

2023. 2The subparts of 0400–12–01–.07(2)(h)1 were also renumbered by the State, but the contents of the Part did not change as a result of the renumbering. 3 Rule 0400–12–01.05(14)(b)4(i) was noted in the 2022 Final Authorization to have an incorrect cross-reference to Rule 0400–12–01–.02(3)(d). 

It has now been corrected to properly refer to Rule 0400–12–01–.02(3)(e). 4 In the 2022 Final Authorization, these two provisions were authorized, but it was noted that the parenthetical notes about legitimate recycling 

that accompanied each provision at that time were unclear and would be removed or clarified by Tennessee in a subsequent rulemaking. Both 

parenthetical notes have now been removed, and the EPA is re-authorizing both provisions without them. 5Several subsections throughout Paragraph 13 of Rule 0400–12–01–.02 that were noted in the 2022 Final Authorization have been clarified 

with respect to the management of hazardous secondary materials. 6Tennessee Rule 0400–12–01–.02(27)(d)14(i)(II) was noted in the 2022 Final Authorization to have incorrect cross-references to Paragraphs 

(30) and (32) of Rule 0400–12–01–.06. They have now been corrected to properly refer to Rules 0400–12–01–.02(27) and (29). 7Tennessee Rule 0400–12–01–.03(12)(j)4 was noted in the 2022 Final Authorization as containing an incorrect waiver that would need to be 

excluded in a subsequent rulemaking. Tennessee has now properly removed it from its regulations. 

VII. Where are the revised State rules 

different than the Federal rules? 

When revised State rules differ from 

the Federal rules in the RCRA state 

authorization process, the EPA 

determines whether the State rules are 

equivalent to, more stringent than, or 

broader in scope than the Federal 

program. Pursuant to RCRA section 

3009, 42 U.S.C. 6929, State programs 

may contain requirements that are more 

stringent than the Federal regulations. 

Such more stringent requirements can 

be federally authorized and, once 

authorized, become federally 

enforceable. Although the statute does 

not prevent States from adopting 

regulations that are broader in scope 

than the Federal program, states cannot 

receive Federal authorization for such 

regulations, and they are not federally 

enforceable. There are no State 

requirements in the program revisions 

listed in the tables above that are 

considered to be broader in scope than 

the Federal requirements. The EPA has 

determined that certain regulations 

included in Tennessee’s program 

revisions listed in the first table above 

are more stringent than the Federal 

program. These more stringent 

requirements will become part of the 

federally enforceable RCRA program in 

Tennessee when authorized. 

Tennessee’s program is more stringent 

than the Federal program at 0400–12– 

01–.09(16)(c)1(i)(I); 0400–12–01– 

.09(16)(c)9(i); 0400–12–01–.09(16)(d)4; 

and 0400–12–01–.09(16)(k)3(ix)(I)—in 

each case because the Tennessee 

program requires annual reporting 

instead of biennial reporting. 

It should be noted that States cannot 

receive authorization for certain Federal 

regulatory functions involving 

international shipments (i.e., import and 

export provisions) such as those 

associated with the Canada Import 

Export Recovery and Disposal Code 

Changes Rule (Checklist 244). Although 

Tennessee has adopted these rules to 

maintain its equivalency with the 

Federal program, it has appropriately 

maintained the Federal references. 

VIII. Who handles permits after the 

authorization takes effect? 

When final authorization takes effect, 

Tennessee will issue permits for all the 

provisions for which it is authorized 

and will administer the permits it 

issues. The EPA will continue to 

administer any RCRA hazardous waste 

permits or portions of permits that the 

EPA issued prior to the effective date of 

authorization until they expire or are 

terminated. The EPA will not issue any 

new permits or new portions of permits 

for the provisions listed in the table 

above after the effective date of the final 

authorization. The EPA will continue to 

implement and issue permits for HSWA 

requirements for which Tennessee is not 

yet authorized. The EPA has the 

authority to enforce State-issued permits 

after the State is authorized. 

IX. What is codification and is the EPA 

codifying Tennessee’s hazardous waste 

program as authorized in this action? 

Codification is the process of placing 

citations and references to the State’s 

statutes and regulations that comprise 

the State’s authorized hazardous waste 

program into the Code of Federal 

Regulations. The EPA does this by 

adding those citations and references to 

the authorized State rules in 40 CFR 

part 272. The EPA is not codifying the 

authorization of Tennessee’s revisions at 

this time. However, the EPA reserves 

the ability to amend 40 CFR part 272, 

subpart RR, for the authorization of 

Tennessee’s program changes at a later 

date. 


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X. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993) 

and 13563 (76 FR 3821, January 21, 

2011). This action authorizes State 

requirements for the purpose of RCRA 

section 3006 and imposes no additional 

requirements beyond those imposed by 

State law. Therefore, this action is not 

subject to review by OMB. This action 

is not an Executive Order 14094 (88 FR 

21879, April 11, 2023) regulatory action 

because actions such as the 

authorization of Tennessee’s revised 

hazardous waste program under RCRA 

are exempted under Executive Order 

12866. 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 (2 U.S.C. 1531– 

1538). 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 action 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), 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 (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, 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 18, 1988), by 

examining the takings implications of 

this action 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 action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

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

‘‘Burden’’ is defined at 5 CFR 1320.3(b). 

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 action authorizes preexisting State rules which are at least 

equivalent to, and no less stringent than 

existing Federal requirements, and 

imposes no additional requirements 

beyond those imposed by State law, and 

there are no anticipated significant 

adverse human health or environmental 

effects, this 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 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 final action will 

be effective January 21, 2025. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, 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: November 6, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2024–26922 Filed 11–19–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 0 and 90 

[PS Docket No. 07–100; FCC 24–114; FR 

ID 258077] 

Improving Public Safety 

Communications in the 4.9 GHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) takes another major step 

towards ensuring that the 4940–4990 

MHz band (4.9 GHz band) is efficiently 

and intensely utilized in support of 

public safety missions nationwide. To 

that end, the Commission bolsters the 

coordinated nationwide approach to the 

band that it established in its Seventh 

Report and Order, FCC 23–3, in which 

it adopted a nationwide Band Manager 

framework to coordinate operations in 

the 4.9 GHz band, optimize public 

safety use, and facilitate the integration 

of the latest commercially available 

technologies, including 5G, for the 

benefit of public safety users. To further 

these goals—and ensure that the 4.9 

GHz band is put to more robust use 

nationwide in the near term—the 4.9 

GHz Band Manager, once selected, will 

be eligible to apply for a nationwide 


khammond on DSK9W7S144PROD with RULES