85438 Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 239 and 258 

[EPA–R10–RCRA–2016–0629; FRL 9928– 

27–Region 10] 

Determination of Full Program 

Adequacy of Washington’s Municipal 

Solid Waste Landfill Permitting 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Under the Resource 

Conservation and Recovery Act, as 

amended by the Hazardous and Solid 

Waste Amendments, States must 

develop and implement permit 

programs for Municipal Solid Waste 

Landfills (MSWLFs) and seek an 

adequacy determination by the 

Environmental Protection Agency 

(EPA). This rule documents EPA’s 

determination that Washington’s 

MSWLF permit program is adequate to 

ensure compliance with Federal 

MSWLF requirements. 

DATES: This direct final rule will 

become effective February 27, 2017 

without further notice, unless EPA 

receives adverse comments on or before 

January 27, 2017. If written adverse 

comments are received, the EPA will 

publish a timely withdrawal of the rule 

in the Federal Register. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

RCRA–2016–0629 by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: calabro.domenic@epa.gov. 

• Fax: (206) 553–6640, to the 

attention of Domenic Calabro. 

• Mail: Send written comments to 

Domenic Calabro, U.S. EPA, Region 10, 

1200 Sixth Avenue, Suite 900, Mailstop: 

AW–150, Seattle, WA 98101. 

• Hand Delivery or Courier: Deliver 

your comments to: Domenic Calabro, 

Office of Air and Waste, U.S. EPA, 

Region 10, 1200 Sixth Avenue, Suite 

900, Mailstop: AW–150, Seattle, WA 

98101. Such deliveries are only 

accepted during the Office’s normal 

hours of operation. 

Instructions: Identify your comments 

as relating to Docket ID No. EPA–R10– 

RCRA–2016–0629. The 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 claimed 

to be 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 the 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 the 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 available on the 

Internet. If you submit an electronic 

comment, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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 the EPA’s public 

docket visit the EPA Docket Center 

homepage at http://www.epa.gov/ 

dockets/. 

Docket: EPA has established a docket 

for this action under Docket ID No. 

EPA–R10–RCRA–2016–0629. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although it may be listed in the index, 

some information might not be publicly 

available, e.g., CBI or other information 

the disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be 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 U.S. Region 10 Library, 1200 Sixth 

Avenue, Seattle, Washington by 

appointment only; please telephone 

(206) 553–1289 to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: U.S. 

EPA Region 10, 1200 Sixth Avenue, 

Suite 900, Mailcode: AW–150, Seattle, 

Washington, 98101 Attn: Mr. Domenic 

Calabro. Telephone: (206) 553–6640. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 9, 1991, the 

Environmental Protection Agency (EPA) 

promulgated the ‘‘Solid Waste Disposal 

Facility Criteria: Final Rule’’ (56 FR 

50978). That rule established part 258 of 

Title 40 of the Code of Federal 

Regulations (CFR). The criteria set out 

in 40 CFR part 258 include location 

restrictions and standards for design, 

operation, groundwater monitoring, 

corrective action, financial assurance, 

and closure and post-closure care for 

MSWLFs. The 40 CFR part 258 criteria 

establish minimum Federal standards 

that take into account the practical 

capability of owners and operators of 

MSWLFs while ensuring that these 

facilities are designed and managed in 

a manner that is protective of human 

health and the environment. Section 

4005(c)(1)(B) of subtitle D of the 

Resource Conservation and Recovery 

Act (RCRA), as amended by the 

Hazardous and Solid Waste 

Amendments of 1984, requires States to 

develop and implement permit 

programs to ensure that MSWLFs 

comply with the 40 CFR part 258 

criteria. RCRA section 4005(c)(1)(C) 

requires EPA to determine whether the 

permit programs that States develop and 

implement for these facilities are 

adequate. 

To fulfill this requirement to 

determine whether State permit 

programs that implement the 40 CFR 

part 258 criteria are adequate, EPA 

promulgated the State Implementation 

Rule (SIR) (63 FR 57025, Oct. 23, 1998). 

The SIR, which established part 239 of 

Title 40 of the CFR, has the following 

four purposes: (1) Lay out the 

requirements that State programs must 

satisfy to be determined adequate; (2) 

confirm the process for EPA approval or 

partial approval of State MSWLF permit 

programs; (3) provide the procedures for 

withdrawal of such approvals; and (4) 

establish a flexible framework for 

modifications of approved programs. 

Only those owners and operators 

located in States with approved permit 

programs for MSWLFs can use the sitespecific flexibility provided by 40 CFR 

part 258, to the extent the State permit 

program allows such flexibility. Every 

standard in the 40 CFR part 258 criteria 

is designed to be implemented by the 

owner or operator with or without 

oversight or participation by EPA or the 

State regulatory agency. States with 

approved programs may choose to 

require facilities to comply with the 40 

CFR part 258 criteria exactly, or they 

may choose to allow owners and 

operators to use site-specific alternative 

approaches to meet the Federal criteria. 

The flexibility that an owner or operator 

may be allowed under an approved 

State program can provide a significant 

reduction in the burden associated with 

complying with the 40 CFR part 258 

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criteria. Regardless of the approval 

status of a State and the permit status of 

any facility, the 40 CFR part 258 criteria 

shall apply to all permitted and 

unpermitted MSWLFs. As EPA 

explained in the preamble to the revised 

Federal MSWLF criteria, EPA expects 

that any owner or operator complying 

with provisions in a State program 

approved by EPA should be considered 

to be in compliance with the revised 

Federal MSWLF criteria. 

To receive a determination of 

adequacy for a MSWLF permit program 

under the SIR, a State must have 

enforceable standards for new and 

existing MSWLFs. These State standards 

must be technically comparable to the 

40 CFR part 258 criteria. In addition, the 

State must have the authority to issue a 

permit or other notice of prior approval 

and conditions to all new and existing 

MSWLFs in its jurisdiction. The State 

also must provide for public 

participation in permit issuance and 

enforcement, as required in RCRA 

section 7004(b). Finally, the State must 

demonstrate that it has sufficient 

compliance monitoring and 

enforcement authorities to take specific 

action against any owner or operator 

that fails to comply with an approved 

permit program. EPA expects States to 

meet all of these requirements for all 

elements of a permit program before it 

gives full approval to a State’s program. 

On April 9, 1993, Washington 

submitted an application to obtain a 

partial program adequacy determination 

for the State’s MSWLF permit program 

under Section 4005 of RCRA. EPA 

reviewed Washington’s application and 

published a determination of partial 

program adequacy on March 31, 1994 

(FR Vol. 59, No. 62) for those portions 

of the MSWLF permit program that were 

adequate to ensure compliance with the 

revised Federal MSWLF criteria. 

Washington made amendments to 

Chapter 173–351 of the Washington 

Administrative Code, which became 

effective in November 2012 and 

November 2015. On June 16, 2016, 

Washington submitted to EPA an 

amended application which 

incorporated the amendments, seeking a 

determination of full program adequacy 

for Washington’s MSWLF permitting 

program. The amended application 

included a detailed description of 

changes made to Washington’s MSWLF 

permitting program since the March 31, 

1994 EPA determination of partial 

program adequacy. Specifically, 

Washington addressed the following 

portions of its MSWLF permit program 

that were not approved in the March 31, 

1994 determination of partial program 

adequacy: 

(1) Revised the definitions of Existing 

MSWLF Unit and Lateral Expansion, per 

the federal regulations found in 40 CFR 

258.2. 

(2) Eliminated equivalent and arid 

liner designs in the state rule, retained 

composite liner requirements, and 

incorporated an option for alternate 

liner design, consistent with federal 

regulations. 

(3) Revised the rules to require 

monitoring for total metals in 

groundwater. 

(4) Adopted revisions to Appendix 3 

of WAC 173–351–990 to include two 

hazardous organic constituents: 2,3,7,8- 

Tetrachlorodibenzo- p-dioxin - [CAS 

1746–01–6] and alpha, alphaDimethylphenethylamine [CAS 122–09– 

8]. This revision affects landfills that are 

required to perform assessment 

monitoring under the rule, and is 

necessary to be consistent with federal 

rules in 40 CFR part 258. 

(5) Adopted new post-closure care 

period criteria, which are based on 

potential risk to human and 

environmental receptors, per 40 CFR 

part 258.61(b). 

(6) Made revisions to allow for 

issuance of Research, Development, and 

Demonstration (RD&D) landfill permits, 

pursuant to the 2004 rulemaking by EPA 

(69 FR 13242, March 22, 2004). 

Washington Assistant Attorney 

General, Jonathan C. Thompson, 

certified in a letter dated June 10, 2016 

that the regulations cited in the 

Washington Department of Ecology’s 

Amended Application for Municipal 

Solid Waste Facilities Program 

Determination of Adequacy were 

enacted and full effective at the time of 

the application and will continue to be 

when the state’s permit program is fully 

approved. 

II. Decision 

In addition to those portions of the 

State’s MSWLF permit program that 

were approved on March 31, 1994, EPA 

has determined that the State’s revised 

MSWLF permit program will ensure 

adequacy with the Federal criteria in 40 

CFR part 258. In addition, Washington 

has demonstrated that its MSWLF 

permit program contains specific 

provisions for public participation, 

compliance monitoring, and 

enforcement. After reviewing 

Washington’s amended application, 

EPA has concluded that Washington’s 

MSWLF permit program meets all of the 

statutory and regulatory requirements 

established by RCRA. Accordingly, 

Washington is granted a determination 

of full program adequacy for its MSWLF 

permitting program. 

By finding that Washington’s MSWLF 

permit program is adequate, EPA does 

not intend to affect the rights of 

Federally-recognized Indian Tribes in 

Washington, nor does it intend to limit 

the existing rights of the State of 

Washington. RCRA section 4005(a) 

provides that citizens may use the 

citizen suit provisions of RCRA section 

7002 to enforce the 40 CFR part 258 

criteria independent of any State 

enforcement program. 

III. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www.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 Request (ICR) 

burden under the PRA. The purpose of 

this action is to approve amendments to 

Washington’s MSWLF permitting 

program which result in it meeting all 

of the statutory and regulatory 

requirements established by RCRA. The 

OMB has previously approved the 

information collection activities 

contained in the ICR for 40 CFR part 

239, Requirements for State Permit 

Program Determination of Adequacy 

and part 258, MSWLF Criteria. This 

action does not impose any additional 

reporting requirements. 

C. Regulatory Flexibility Act (RFA) 

EPA certifies 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 rule 

will not create any additional burden for 

small entities. Small entities are not 

required to take any action as a 

consequence of this rule, and this action 

will not have a significant impact on a 

substantial number of small entities. We 

have therefore concluded that this 

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85440 Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Rules and Regulations 

action will have no net regulatory 

burden for all directly regulated small 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

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. 

The costs involved in this action are 

imposed only by voluntary participation 

in a federal program. 

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. The EPA has concluded 

that this action will have no new tribal 

implications, nor would it present any 

additional burden on the tribes. It will 

neither impose substantial direct 

compliance costs on tribal governments, 

nor preempt tribal law. 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 the 

EPA does not believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. Washington has incorporated 

those requirements from the Federal 

MSWLF landfill criteria (40 CFR part 

258) not found in Washington’s existing 

program and EPA has determined that 

Washington’s program includes terms 

and conditions that are at least as 

protective as the MSWLF landfill 

criteria for municipal solid waste 

landfills, to assure protection of human 

health and the environment. 

H. Executive Order 13211: Actions 

Concerning Regulations 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 (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The purpose of this action is to 

approve amendments to Washington’s 

MSWLF permitting program which 

result in it meeting all of the statutory 

and regulatory requirements established 

by RCRA. The EPA believes that the 

human health and environmental risk 

addressed by this action will not have 

a new disproportionately high and 

adverse human health or environmental 

effects on minority, low-income or 

indigenous populations. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the 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). 

List of Subjects 

40 CFR Part 239 

Environmental protection, 

Administrative practice and procedure, 

Intergovernmental relations, Waste 

treatment and disposal. 

40 CFR Part 258 

Environmental protection, Reporting 

and recordkeeping requirements, Waste 

treatment and disposal, Water pollution 

control. 

Authority: This action is issued under the 

authority of section 2002, 4005 and 4010(c) 

of the Solid Waste Disposal Act, as amended, 

42 U.S.C. 6912, 6945 and 6949(a). 

Dated: October 20, 2016. 

Dennis J. McLerran, 

Regional Administrator, EPA Region 10. 

[FR Doc. 2016–26754 Filed 11–25–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

[EPA–HQ–TRI–2015–0607; FRL–9953–28] 

RIN 2025–AA42 

Addition of Hexabromocyclododecane 

(HBCD) Category; Community Rightto-Know Toxic Chemical Release 

Reporting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is adding a 

hexabromocyclododecane (HBCD) 

category to the list of toxic chemicals 

subject to reporting under section 313 of 

the Emergency Planning and 

Community Right-to-Know Act (EPCRA) 

and section 6607 of the Pollution 

Prevention Act (PPA). EPA is adding 

this chemical category to the EPCRA 

section 313 list because EPA has 

determined that HBCD meets the 

EPCRA section 313(d)(2)(B) and (C) 

toxicity criteria. Specifically, EPA has 

determined that HBCD can reasonably 

be anticipated to cause developmental 

and reproductive effects in humans and 

is highly toxic to aquatic and terrestrial 

organisms. In addition, based on the 

available bioaccumulation and 

persistence data, EPA has determined 

that HBCD should be classified as a 

persistent, bioaccumulative, and toxic 

(PBT) chemical and assigned a 100- 

pound reporting threshold. 

DATES: Effective Date: This final rule is 

effective November 30, 2016. 

Applicability date: This final rule will 

apply for the reporting year beginning 

January 1, 2017 (reports due July 1, 

2018). 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–TRI–2015–0607. All 

documents in the docket are listed on 

http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available electronically 

through http://www.regulations.gov. 

Additional instructions on visiting the 

docket, along with more information 

about dockets generally, is available at 

http://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

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