[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Rules and Regulations]
[Pages 14847-14852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06512]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2014-0712; FRL-9924-83-Region-4]


Tennessee: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Tennessee has applied to the United States Environmental 
Protection Agency (EPA) for final authorization of changes to its 
hazardous waste program

[[Page 14848]]

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 
this issue of the 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 
Tennessee'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 this direct final rule 
before it takes effect, and the separate document published in the 
``Proposed Rules'' section of this issue of the Federal Register will 
serve as the proposal to authorize the changes.

DATES: This final authorization will become effective on May 19, 2015 
unless EPA receives adverse written comment by April 20, 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-2014-0712, by one of the following methods:
    <bullet> Federal eRulemaking Portal: www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#8be6eef9e2f1eae7efeea5e8eaf9e7e4f8cbeefbeaa5ece4fd"><span class="__cf_email__" data-cfemail="e08d8592899a818c8485ce8381928c8f93a0859081ce878f96">[email protected]</span></a>.
    <bullet> Fax: (404) 562-9964 (prior to faxing, please notify the 
EPA contact listed below).
    <bullet> Mail: Send written comments to Carlos E. Merizalde, RCRA 
Corrective Action and Permitting Section, RCRA Cleanup and Brownfields 
Branch, Resource Conservation and Restoration Division, U.S. 
Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960.
    <bullet> Hand Delivery or Courier: Deliver your comments to Carlos 
E. Merizalde, RCRA Corrective Action and Permitting Section, RCRA 
Cleanup and Brownfields Branch, Resource Conservation and Restoration 
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 April 20, 2015. 
Direct your comments to Docket ID No. EPA-R04-RCRA-2014-0712. 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 Tennessee's applications and associated 
publicly available materials from 8 a.m. to 4 p.m. at the following 
locations: EPA, Region 4, Resource Conservation and Restoration 
Division, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, 
Georgia 30303-8960; telephone number: (404) 562-8512; and the Tennessee 
Department of Environment and Conservation, Division of Solid Waste 
Management, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks 
Avenue, 14th Floor, Nashville, Tennessee; telephone number: (615) 532-
0825. Interested persons wanting to examine these documents should make 
an appointment with the office at least a week in advance.

FOR FURTHER INFORMATION CONTACT: Carlos E. Merizalde, RCRA Corrective 
Action and Permitting Section, RCRA Cleanup and Brownfields Branch, 
Resource Conservation and Restoration Division, U.S. Environmental 
Protection Agency, Atlanta Federal Center, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8606; fax 
number: (404) 562-9964; email address: <a href="/cdn-cgi/l/email-protection#dfb2baadb6a5beb3bbbaf1bcbeadb3b0ac9fbaafbef1b8b0a9"><span class="__cf_email__" data-cfemail="d3beb6a1baa9b2bfb7b6fdb0b2a1bfbca093b6a3b2fdb4bca5">[email protected]</span></a>.

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 
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 Tennessee, 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 March 9, 2010 and January 15, 2013, Tennessee submitted final 
complete program revision applications seeking authorization of changes 
to its hazardous waste program that correspond to certain Federal rules 
promulgated between July 1, 2004 and June 30, 2006 (also known as RCRA 
Clusters XV and XVI). Tennessee

[[Page 14849]]

supplemented these applications on September 16, 2014. EPA concludes 
that Tennessee's applications to revise its authorized program meet 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 Tennessee final authorization to operate its 
hazardous waste program with the changes described in the authorization 
applications, and as outlined below in Section G 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 revised program applications, 
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 
Tennessee's authorization applications 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. EPA retains its authorities under RCRA sections 3007, 3008, 
3013, and 7003, including its authority to:
    <bullet> Conduct inspections, and require monitoring, tests, 
analyses, or reports;
    <bullet> Enforce RCRA requirements, including authorized State 
program requirements, and suspend or revoke permits; and
    <bullet> 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 Tennessee is 
being authorized by this action are already effective and enforceable 
requirements under State law, and are not changed by this action.

D. Why wasn't there a proposed rule before this rule?

    Along with this direct final rule, EPA is publishing a separate 
document in the ``Proposed Rules'' section of this issue of the 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 document.

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

    If EPA receives comments that oppose this authorization, EPA will 
withdraw this 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 this 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 Tennessee previously been authorized for?

    Tennessee initially received final authorization on January 22, 
1985, effective February 5, 1985 (50 FR 2820), to implement a RCRA 
hazardous waste management program. 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); and October 5, 2012, effective 
December 4, 2012 (77 FR 60919).

G. What changes is EPA authorizing with this action?

    On March 9, 2010 and January 15, 2013, Tennessee submitted final 
complete program revision applications seeking authorization of its 
changes in accordance with 40 CFR 271.21. Tennessee supplemented these 
applications on September 16, 2014. EPA now makes an immediate final 
decision, 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, EPA grants Tennessee final 
authorization for the following program changes:

----------------------------------------------------------------------------------------------------------------
  Description of federal requirement    Federal Register date and page        Analogous State Authority 1 2
----------------------------------------------------------------------------------------------------------------
206--Nonwastewaters from Dyes and       70 FR 9138 02/24/05 and 70 FR   Tennessee Revised Code:
 Pigments.                               35032 06/16/05.                0400-12-01-.02(1)(d)2(xii)(I)-(V);
                                                                        0400-12-01-.02(4)(c)1-4;
                                                                        0400-12-01-.02(5) (App. VII & VIII);
                                                                         0400-12-01-.10(2)(k)-(t);
                                                                        0400-12-01-.10(3)(a) (Table of Treatment
                                                                         Standards for Hazardous Waste); and
                                                                         .10(3)(i)1 (Universal Treatment
                                                                         Standards Table)
Checklist 207--Uniform Hazardous Waste  70 FR 10776 03/04/05 and 70 FR  Tennessee Revised Code:
 Manifest Rule.                          35034 06/16/05.                0400-12-01-.01(2)(a);
                                                                        0400-12-01-.02(1)(g)2(i)(III)I-II;
                                                                        0400-12-01-.03(3)(a)1(i)-(ii);
                                                                         .03(3)(b)1(a)-(m); .03(3)(h)1-2;
                                                                        0400-12-01-.03(4)(c)2; .03(4)(d);
                                                                         .03(4)(e)16(i)-(ii);
                                                                        0400-12-01-.03(7)(e)3 & 5;

[[Page 14850]]

 
                                                                        0400-12-01-.03(8)(a)3-5;
                                                                        0400-12-01-.03(13)(a) (App.);
                                                                        0400-12-01-.04(3)(a)1-3 & 7(i)-(iv);
                                                                         .04(3)(b)2(i)-(ii);
                                                                        0400-12-01-.06(5)(a)1-2; .06(5)(b)1(i)-
                                                                         (iii); .06(5)(b)2(iv); .06(5)(b)5;
                                                                         .06(5)(c)1-5; .06(5)(c)6(i)-(vii);
                                                                         .06(5)(c)7; .06(5)(g)1-2;
                                                                        0400-12-01-.05(5)(a)1-2; .05(5)(b)1(i)-
                                                                         (iii); .05(5)(b)2(iv); .05(5)(b)5;
                                                                         .05(5)(c)1-5; .05(5)(c)6(i)-(vii);
                                                                         .05(5)(c)7; and .05(5)(g)1-2.
208--Methods Innovation Rule and SW-    70 FR 34538 06/14/05 and 70 FR  Tennessee Revised Code:
 846 Final Update IIIB.                  44150 08/01/05.                0400-12-01-.01(2)(b)1-2;
                                                                        0400-12-01-02(1)(c)1(ii)(V);
                                                                        0400-12-01-.02(3)(b)1(i); .02(3)(c)1(i)-
                                                                         (ii);
                                                                        0400-12-01-.02(4)(f)2(ii)(III);
                                                                        0400-12-01-02(5) (App. I-III);
                                                                        0400-12-01-.06(10)(a)1;
                                                                        0400-12-01-.06(14)(o)2;
                                                                        0400-12-01-.06(30)(e)3(i)(II) & (IV);
                                                                         .06(30)(e)4(i)(III); .06(30)(e)6;
                                                                        0400-12-01-.06(31)(n)4(ii);
                                                                        0400-12-01-.06(57)(i) (App. IX);
                                                                        0400-12-01-.05(10)(a)1;
                                                                        0400-12-01-.05(14)(o)3;
                                                                        0400-12-01-.05(27)(e)3(i)(II) & (IV);
                                                                         .05(27)(e)4(i)(III); .05(27)(e)6;
                                                                        0400-12-01-.05(28)(n)4(ii);
                                                                        0400-12-01-.05(29)(b);
                                                                         .05(29)(e)1(iii)(II)III;
                                                                         .05(29)(e)1(iii)(III);
                                                                         .05(29)(e)2(iii)(II)III;
                                                                         .05(29)(e)2(iii)(III);
                                                                         .05(29)(e)3(iii)(I);
                                                                        0400-12-01-.09(8)(a)4(i)(II);
                                                                         .09(8)(a)7(ii); .09(8)(c)2(i);
                                                                         .09(8)(g)1; .09(8)(m)2(i);
                                                                         .09(8)(m)2(ii)(I);
                                                                        0400-12-01-.09(30) (App. IX);
                                                                        0400-12-01-.10(3)(a)2; .10(3)(a) (Table
                                                                         of Treatment Standards for Hazardous
                                                                         Waste), footnote 7; .10(3)(i)1
                                                                         (Universal Treatment Standards Table),
                                                                         footnote 4;
                                                                        0400-12-01-.07(5)(b)5(iii)(I)III-IV;
                                                                         .07(5)(b)8(i)(II)II.B;
                                                                        0400-12-01-.07(1)(e)2(ii)(I)III-IV;
                                                                         .07(1)(j)3(ii)(I)-II);
                                                                        0400-12-01-.11(2)(a)2(i)(II);
                                                                        0400-12-01-.11(5)(e)3;
                                                                        0400-12-01-.11(6)(d)3; and
                                                                        0400-12-01-.11(7)(d)3.
209--Universal Waste Rule: Specific     70 FR 45508 08/05/05..........  Tennessee Revised Code:
 Provisions for Mercury Containing                                      0400-12-01-.01(2)(a);
 Equipment.                                                             0400-12-01-.02(1)(j);
                                                                        0400-12-01-.06(1)(b)2(x);
                                                                        0400-12-01-.05(1)(b)2(xii);
                                                                        0400-12-01-.10(1)(a)6;
                                                                        0400-12-01-.07(1)(b)4(ix);
                                                                        0400-12-01-.12(1)(a); .12(1)(a)1(iii);
                                                                         .12(1)(f)1-3; .12(1)(b);
                                                                        0400-12-01-.12(2)(d)3(i)-(iv);
                                                                         .12(2)(e)4(i)-(ii);
                                                                        0400-12-01-.12(3)(c)2(iv)-(v);
                                                                         .12(3)(d)3(i)-(iv); and .12(3)(e)4(i)-
                                                                         (ii).
211--Wastewater Treatment Exemptions    70 FR 57769 10/04/05..........  Tennessee Revised Code:
 for Hazardous Waste Mixtures                                           0400-12-01-.02(1)(c)1(ii)(IV)I-II;
 (``Headworks exemptions'').                                             .02(1)(c)1(ii)(IV)IV; and
                                                                         .02(1)(c)1(ii)(IV)VI-VII.
213--Burden Reduction Initiative......  71 FR 16862 04/04/06..........  Tennessee Revised Code:
                                                                        0400-12-01-.01(4)(b)2(ii-vii);
                                                                        0400-12-01-.02(1)(d)1(ix)(III)V;
                                                                         .02(1)(d)6(ix);
                                                                        0400-12-01-.06(2)(f)2(iv)-(v);
                                                                         .06(2)(g)1(iv);
                                                                        0400-12-01-.06(4)(c)2; .06(4)(g)9;
                                                                        0400-12-01-.06(5)(d)2; .06(5)(d)2(i)-
                                                                         (ii), (vi), (viii), (x) & (xviii)-
                                                                         (xix);
                                                                        0400-12-01-.06(6)(i)4; .06(6)(i)7(ii)-
                                                                         (iii); .06(6)(j)6-7; .06(6)(k)7;
                                                                        0400-12-01-.06(7)(d)5(v); .06(7)(f) &
                                                                         (k);
                                                                        0400-12-01-.06(8)(d)4(i); .06(8)(f)4(i);
                                                                         .06(8)(n)5;
                                                                        0400-12-01-.06(9)(e);
                                                                        0400-12-01-.06(10)(b)1;
                                                                         .06(10)(b)2(v)(II); .06(10)(c)1-2;
                                                                         .06(10)(d)1(i)-(ii); .06(10)(d)9(ii);
                                                                         .06(10)(f)2-8; .06(10)(g)6;
                                                                        0400-12-01-.06(12)(b)3;
                                                                        0400-12-01-.06(13)(k)2;
                                                                        0400-12-01-.06(14)(o)1-5;

[[Page 14851]]

 
                                                                        0400-12-01-.06(15)(d)1(ii); .06(15)(h)4;
                                                                        0400-12-01-.06(22)(e)3(ii);
                                                                        0400-12-01-.06(26)(b)1-3;
                                                                         .06(26)(d)1(iv)(II); .06(26)(d)7;
                                                                         .06(26)(e)1;
                                                                        0400-12-01-.06(31)(l)2(i)-(ii);
                                                                         .06(31)(m)1;
                                                                        0400-12-01-.06(33)(a); .06(33)(b)3(ii);
                                                                        0400-12-01-.05(2)(f)2(iv);
                                                                         .05(2)(g)1(iv);
                                                                        0400-12-01-.05(4)(c)2; .05(4)(g)9;
                                                                        0400-12-01-.05(5)(d)2(i)-(ii), (vi)-
                                                                         (viii) & (xv);
                                                                        0400-12-01-.05(6)(a)4(i) & (iii);
                                                                         .05(6)(d)4(ii) & (v);
                                                                        0400-12-01-.05(7)(d)5(v); .05(7)(f);
                                                                         .05(7)(k);
                                                                        0400-12-01-.05(8)(d)3(i); .05(8)(f)3(i);
                                                                         .05(8)(n)5;
                                                                        0400-12-01-.05(9)(e);
                                                                        0400-12-01-.05(10)(b)1;
                                                                         .05(10)(b)2(v)(II); .05(10)(c)1 & 2;
                                                                         .05(10)(d)1(i)-(ii); .05(10)(d)9(ii);
                                                                         .05(10)(f)1-7; .05(10)(g)6; .05(10)(l)3-
                                                                         8;
                                                                        0400-12-01-.05(11)(b)1; .05(11)(e)1;
                                                                        0400-12-01-.05(12)(j)1;
                                                                        0400-12-01-.05(13)(k)5;
                                                                        0400-12-01-.05(14)(b)1; .05(14)(d)1;
                                                                         .05(14)(o)1-6;
                                                                        0400-12-01-.05(23)(b)1-3;
                                                                         .05(23)(d)1(iv)(II); .05(23)(d)7;
                                                                         .05(23)(e)1;
                                                                        0400-12-01-.05(28)(l)2(i)-(ii);
                                                                         .05(28)(m)1;
                                                                        0400-12-01-.05(30)(a); .05(30)(b)3(ii);
                                                                        0400-12-01-.09(8)(c)5(x); .09(8)(d)4 &
                                                                         11;
                                                                        0400-12-01-.10(1)(g)1(i)-(ii);
                                                                         .10(1)(g)2(vi); .10(1)(i)1 & 4;
                                                                        0400-12-01-.07(5); .07(5)(b)2(i);
                                                                         .07(5)(b)12(iii)(XV); and
                                                                        0400-12-01-.07(10)(o).
----------------------------------------------------------------------------------------------------------------
\1\ The Tennessee provisions for RCRA Cluster XV (Checklists 206, 207, and 208) and Cluster XVI (Checklists 209,
  211, and 213) are from the Tennessee Hazardous Waste Management Regulations, Chapter 0400-12-01, effective
  November 5, 2013.
\2\ Chapter 1200-01-11 was renumbered as Chapter 0400-12-01, effective September 17, 2012. The chapter title,
  ``Hazardous Waste Management,'' remained the same and the contents of the chapter did not change as a result
  of the renumbering.

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

    We consider Tennessee Hazardous Waste Management Regulations 0400-
12-01-.05(5)(d)2 and -.06(5)(d)2 to be more stringent than the Federal 
counterparts at 40 CFR 265.73(b) and 264.73(b) because the State 
requires owners and operators of interim status and permitted 
treatment, storage, and disposal facilities to maintain information in 
the facility's operating record on site for no less than five (5) 
years. The Federal requirements at 40 CFR 265.73(b) and 264.73(b) 
require that owners and operators of the same types of facilities 
maintain such records for no less than three (3) years. These five-year 
document retention requirements are part of the Tennessee authorized 
program and are federally enforceable.

I. Who handles permits after the authorization takes effect?

    Tennessee 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 
Tennessee is not authorized.

J. What is codification and is EPA codifying Tennessee'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 Tennessee's changes at this time. 
However, EPA reserves the amendment of 40 CFR part 272, subpart RR, for 
the authorization of Tennessee's program changes at a later date.

K. Administrative Requirements

    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 therefore this action is not subject to review by OMB. This 
action authorizes State requirements for the purpose of RCRA 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

[[Page 14852]]

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 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 May 19, 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: March 2, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-06512 Filed 3-19-15; 8:45 am]
 BILLING CODE 6560-50-P


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