Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Rules and Regulations 3885 

EPA APPROVED NEW MEXICO REGULATIONS—Continued 

State 

citation 

Title/ 

subject 

State 

approval/effective date EPA approval date Comments 

*******

Part 2 ..... Definitions ... 8/31/2009 1/26/2015 ......................

[Insert FR page number 

where document begins].

The following definitions are state specific and are not being approved 

into the SIP: 

G. ‘‘Carbon dioxide’’ 

M. ‘‘Greenhouse gas’’ 

O. ‘‘Hydrofluorocarbons’’ 

S. ‘‘Methane’’ 

V. ‘‘Nitrous oxide’’ 

AA. ‘‘Perfluorocarbons’’ 

AN. ‘‘Sulfur hexafluoride’’ 

* * * * * * * 

[FR Doc. 2015–00774 Filed 1–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2014–0621; FRL–9921–52– 

OAR] 

RIN 2060–AS38 

Protection of Stratospheric Ozone: 

Extension of the Laboratory and 

Analytical Use Exemption for Essential 

Class I Ozone-Depleting Substances 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: This rule extends the 

laboratory and analytical use exemption 

for the production and import of class 

I ozone-depleting substances through 

December 31, 2021. The Environmental 

Protection Agency (EPA) is taking this 

action under the Clean Air Act, 

consistent with a recent decision of the 

Parties to the Montreal Protocol on 

Substances that Deplete the Ozone 

Layer. The exemption allows the 

production and import of controlled 

substances in the United States for 

laboratory and analytical uses that have 

not been already identified by EPA as 

nonessential. 

DATES: This rule is effective January 26, 

2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2014–0621. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and is publicly available 

only in hard copy form. Publicly 

available docket materials are available 

either electronically through 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20004. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

and Radiation Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Arling by regular mail: U.S. 

Environmental Protection Agency, 

Stratospheric Protection Division 

(6205T), 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; by 

telephone: (202) 343–9055; or by email: 

arling.jeremy@epa.gov. You may also 

visit the EPA’s Ozone Protection Web 

site at www.epa.gov/ozone/

strathome.html for further information 

about EPA’s Stratospheric Ozone 

Protection regulations, the science of 

ozone layer depletion, and other related 

topics. 

SUPPLEMENTARY INFORMATION: Section 

553(d) of the Administrative Procedure 

Act (APA), 5 U.S.C. Chapter 5, generally 

provides that rules may not take effect 

earlier than 30 days after they are 

published in the Federal Register. EPA 

is issuing this final rule under section 

307(d)(1) of the Clean Air Act, which 

states: ‘‘The provisions of section 553 

through 557 . . . of Title 5 shall not, 

except as expressly provided in this 

section, apply to actions to which this 

subsection applies.’’ Thus, section 

553(d) of the APA does not apply to this 

rule. EPA is nevertheless acting 

consistently with the policies 

underlying APA section 553(d) in 

making this rule effective on January 26, 

2015. APA section 553(d) allows an 

effective date less than 30 days after 

publication for a rule that ‘‘that grants 

or recognizes an exemption or relieves 

a restriction.’’ 5 U.S.C. 553(d)(1). Since 

today’s action grants an exemption for 

limited laboratory and analytical uses 

from the general prohibition on 

production or import of Class I ozone 

depleting substances after their 

phaseout dates, EPA is making this 

action effective immediately upon 

publication. 

I. General Information 

A. Does this action apply to me? 

Entities potentially regulated by this 

action include: (1) Pharmaceutical 

preparations manufacturing businesses 

(NAICS code 325412); (2) medical and 

diagnostic laboratories (NAICS code 

621511); (3) research and development 

in the physical, engineering, and life 

sciences (NAICS code 54171); and (4) 

environmental consulting services 

(NAICS code 541620). This list is not 

intended to be exhaustive, but rather to 

provide a guide for readers regarding 

entities likely to be regulated by this 

action. To determine whether your 

facility, company, business, or 

organization could be regulated by this 

action, you should carefully examine 

the regulations promulgated at 40 CFR 

part 82, subpart A. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding section. 

II. Extension of the Laboratory and 

Analytical Use Exemption 

The Montreal Protocol on Substances 

that Deplete the Ozone Layer (Montreal 

Protocol, or Protocol) is the 

international agreement to reduce and 

eventually eliminate the global 


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3886 Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Rules and Regulations 

1 ‘‘Consumption’’ is defined as the amount of a 

substance produced in the United States, plus the 

amount imported into the United States, minus the 

amount exported from the United States to other 

Parties to the Montreal Protocol (see section 601(6) 

of the Clean Air Act). 

2Class I controlled substances are listed at 40 CFR 

part 82, subpart A, Appendix A. 

production and consumption 1 of ozonedepleting substances (ODS). This goal is 

accomplished through adherence by 

each country that is a Party to the 

Protocol to phaseout schedules for 

specific controlled substances. The 

Protocol established January 1, 1996, as 

the date by which the production and 

import of most substances classified as 

‘‘class I controlled substances’’ under 

the Clean Air Act (CAA or Act)— 

including chlorofluorocarbons (CFCs), 

carbon tetrachloride, and methyl 

chloroform 2—were to be phased out in 

developed countries, including the 

United States. The Clean Air Act grants 

EPA the authority to implement the 

Protocol’s phaseout schedules in the 

United States. Section 604 of the Clean 

Air Act requires EPA to issue 

regulations phasing out production and 

consumption of class I ODS according to 

a prescribed schedule. EPA’s phaseout 

regulations for ODS are codified at 40 

CFR part 82, subpart A. 

The Montreal Protocol provides 

exemptions that allow for the continued 

import and/or production of ODS for 

specific uses. For most class I ODS, the 

Parties may collectively grant 

exemptions to the ban on production 

and import of ODS for uses that they 

determine to be ‘‘essential.’’ For 

example, with respect to CFCs, Article 

2A(4) provides that the phaseout will 

apply ‘‘save to the extent that the Parties 

decide to permit the level of production 

or consumption that is necessary to 

satisfy uses agreed by them to be 

essential.’’ Similar language appears in 

the control provisions for halons (Art. 

2B), carbon tetrachloride (Art. 2D), 

methyl chloroform (Art. 2E), 

hydrobromofluorocarbons (Art. 2G), and 

chlorobromomethane (Art. 2I). As 

defined by Decision IV/25 of the Parties, 

‘‘use of a controlled substance should 

qualify as ‘essential’ only if: (i) It is 

necessary for the health, safety or is 

critical for the functioning of society 

(encompassing cultural and intellectual 

aspects); and (ii) there are no available 

technically and economically feasible 

alternatives or substitutes that are 

acceptable from the standpoint of 

environment and health.’’ 

Decision X/19 under the Montreal 

Protocol (taken in 1998) allowed a 

general exemption for essential 

laboratory and analytical uses through 

December 31, 2005. EPA codified this 

exemption at 40 CFR part 82, subpart A. 

While the Clean Air Act does not 

specifically provide for this exemption, 

EPA determined that an exemption for 

essential laboratory and analytical uses 

was allowable under the Act as a de 

minimis exemption. EPA addressed the 

de minimis exemption in a regulation 

issued March 13, 2001 (66 FR 14760). 

Decision X/19 also requested the 

Montreal Protocol’s Technology and 

Economic Assessment Panel (TEAP), a 

group of technical experts from various 

Parties, to report annually to the Parties 

to the Montreal Protocol on laboratory 

and analytical procedures that could be 

performed without the use of controlled 

substances. It further stated that at 

future Meetings of the Parties (MOPs), 

the Parties would decide whether such 

procedures should no longer be eligible 

for exemptions. Based on the TEAP’s 

recommendation, the Parties to the 

Montreal Protocol decided in 1999 

(Decision XI/15) that the general 

exemption no longer applied to the 

following uses: testing of oil and grease 

and total petroleum hydrocarbons in 

water; testing of tar in road-paving 

materials; and forensic finger-printing. 

EPA incorporated these exclusions at 

Appendix G to subpart A of 40 CFR part 

82 on February 11, 2002 (67 FR 6352). 

At the 18th MOP, the Parties 

acknowledged the need for methyl 

bromide for laboratory and analytical 

procedures, and added methyl bromide 

to the ODS under the essential 

laboratory and analytical use 

exemption. Decision XVIII/15 outlined 

specific uses and exclusions for methyl 

bromide under the exemption. EPA 

incorporated specific uses of methyl 

bromide in the essential laboratory and 

analytical use exemption at Appendix G 

to subpart A of 40 CFR part 82 on 

December 27, 2007 (72 FR 73264). 

In November 2009, at the 21st MOP, 

the Parties in Decision XXI/6 extended 

the global laboratory and analytical use 

exemption through December 31, 2014. 

Based on this decision, EPA amended 

the regulation at 40 CFR 82.8(b) to 

extend the essential laboratory and 

analytical use exemption through 

December 31, 2014 (76 FR 77909, 

December 15, 2011). Decision XXI/6 

also notes laboratory and analytical uses 

of ODS for which the TEAP and its 

Chemicals Technical Options 

Committee (CTOC), determined that 

alternative procedures exist. However, 

the Parties did not exclude any of those 

procedures from the exemption for 

laboratory and analytical uses. 

In November 2014, the Parties in 

Decision XXVI/5 extended the global 

laboratory and analytical use exemption 

through December 31, 2021. This final 

rule extends the laboratory and 

analytical use exemption found in 40 

CFR 82.8(b) to match the recent 

international decision. 

A detailed discussion of the 

laboratory and analytical uses of ODS 

can be found in the regulation issued by 

EPA on March 13, 2001 (66 FR 14760). 

That rule also discusses how the 

controls in place for laboratory and 

analytical uses provide adequate 

assurance that very little, if any, 

environmental damage will result from 

the handling and disposal of the small 

amounts of class I ODS used in such 

applications, due to the Appendix G 

requirements for small quantity and 

high purity. For example, class I ODS 

must be sold in cylinders three liters or 

smaller or in glass ampoules 10 

milliliters or smaller. Since issuing the 

original exemption, EPA has not 

received information that would suggest 

a significant environmental effect from 

this exemption. 

U.S. production and consumption of 

ODS under the laboratory and analytical 

use exemption is on a general decline, 

indicating that many users have been 

able to transition from ozone-depleting 

substances. However, certain laboratory 

procedures continue to require the use 

of class I substances in the United 

States. Because non-ODS replacements 

for the class I substances have not been 

identified for all uses, EPA is extending 

this exemption through December 31, 

2021. 

EPA received one substantive 

comment in response to the proposed 

rule, which was supportive of extending 

the exemption through December 31, 

2021. The commenter, a manufacturer of 

ozone-depleting substances used as 

solvents under the exemption, agreed 

that non-ODS replacements for class I 

substances have not been identified, and 

stated that the low volume of usage of 

these chemicals and their exclusive use 

in professionally managed analytical 

laboratories means there is very low risk 

that environmental damage will occur. 

EPA believes an extension of seven 

years is warranted, as it is unlikely that 

non-ODS replacements will be in place 

for all laboratory and analytical uses 

prior to that time. Decision XXVI/5 

encourages parties to continue to 

investigate the possibility of replacing 

ozone-depleting substances in 

laboratory and analytical uses. EPA did 

not receive comments from standards 

organizations that continue to use ODS 

in their standards or from laboratories 

that have transitioned to ozone-safe 

alternatives. EPA intends to continue to 

work to investigate barriers to 

transitioning from ozone-depleting 


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Federal Register / Vol. 80, No. 16 / Monday, January 26, 2015 / Rules and Regulations 3887 

substances to alternatives for this 

limited use. 

III. 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 any new 

information collection burden under the 

PRA. OMB has previously approved the 

information collection activities 

contained in the existing regulations 

and has assigned OMB control number 

2060–0170. This action extends but 

does not modify the existing exemption 

from the phaseout of class I ODS. 

C. Regulatory Flexibility Act 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, the impact of concern is 

any significant adverse economic 

impact on small entities. An agency may 

certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. This action 

provides an otherwise unavailable 

benefit to those companies that obtain 

ozone-depleting substances under the 

essential laboratory and analytical use 

exemption. We have therefore 

concluded that this action will relieve 

regulatory burden for all directly 

regulated small entities. 

D. Unfunded Mandates Reform Act 

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. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

This action merely extends the essential 

laboratory and analytical use exemption 

from the 1996 and 2005 phaseouts of 

class I ODS production and 

consumption until December 31, 2021. 

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: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This rule does not 

significantly or uniquely affect the 

communities of Indian tribal 

governments, nor does it impose any 

enforceable duties on communities of 

Indian tribal governments. This action 

extends the essential laboratory and 

analytical use exemption from the 1996 

and 2005 phaseouts of class I ODS 

production and consumption until 

December 31, 2021. Thus, Executive 

Order 13175 does not apply to this 

action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866, and because 

EPA does not believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. A discussion of this action’s 

health and risk effects are contained in 

the direct final rule establishing the De 

Minimis Exemption for Laboratory 

Essential Uses (66 FR 14760; March 13, 

2001). The controls in place for 

laboratory and analytical uses provide 

adequate assurance that very little, if 

any, environmental impact will result 

from the handling and disposal of the 

small amounts of class I ODS used in 

such applications. 

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 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income, or indigenous 

populations because it does not affect 

the level of protection provided to 

human health or the environment. The 

controls in place for laboratory and 

analytical uses provide adequate 

assurance that very little, if any, 

environmental impact will result from 

the handling and disposal of the small 

amounts of class I ODS used in such 

applications. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

EPA will submit a rule report to each 

House of the Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice and comment rulemaking 

procedures are impracticable, 

unnecessary or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has 

made a good cause finding for this rule 

as discussed in the Supplementary 

Information section of the preamble, 

including the basis for that finding. 

List of Subjects in 40 CFR Part 82 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Chemicals, 

Chlorofluorocarbons, Imports, Methyl 

chloroform, Ozone, Reporting and 

recordkeeping requirements. 

Dated: January 16, 2015. 

Gina McCarthy, 

Administrator. 

For the reasons set out in the 

preamble, 40 CFR part 82 is amended as 

follows: 

PART 82—PROTECTION OF 

STRATOSPHERIC OZONE 

■ 1. The authority citation for part 82 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7601, 7671– 

7671q. 

■ 2. Amend § 82.8 by revising paragraph 

(b) to read as follows: 

§ 82.8 Grant of essential use allowances 

and critical use allowances. 

* * * * * 

(b) A global exemption for class I 

controlled substances for essential 


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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 


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