41610 Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 

TABLE 1—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued 

Facility Address Waste description 

(B) Based on the information described in Condition 4 or 6(A) and any 

other information received from any source, the EPA will make a preliminary determination as to whether the reported information requires 

Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. 

(C) If the EPA determines that the reported information does require 

Agency action, the EPA will notify the Petitioner in writing of the actions it believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action 

and a statement providing the Petitioner with an opportunity to present 

information as to why the proposed Agency action is not necessary or 

to suggest an alternative action. The Petitioner shall have 30 days 

from the date of the EPA’s notice to present the information. 

(D) If after 30 days the Petitioner presents no further information or after 

a review of any submitted information, the EPA will issue a final written 

determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in 

the EPA’s determination shall become effective immediately unless the 

EPA provides otherwise. 

* * * * * * * 

* * * * * 

[FR Doc. 2022–15009 Filed 7–12–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R04–RCRA–2022–0395; FRL–9794– 

02–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 

Tennessee’s changes to its hazardous 

waste program under the Resource 

Conservation and Recovery Act (RCRA). 

These changes were outlined in an 

application to the EPA and correspond 

to certain Federal rules promulgated 

between January 1, 1983, and June 30, 

2021. We have determined that these 

changes satisfy all requirements needed 

for final authorization. 

DATES: This authorization is effective on 

September 12, 2022 without further 

notice, unless the EPA receives adverse 

comment by August 12, 2022. If the EPA 

receives such comment, it will publish 

a timely withdrawal of this direct final 

action 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–2022–0395, 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, but if you are unable to 

submit electronically or need other 

assistance, please contact Robin 

Billings, the contact listed 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. 

All documents in the docket are listed 

in the www.regulations.gov index. 

Publicly available docket materials are 

available electronically in 

www.regulations.gov. For alternative 

access to docket materials, please 

contact Robin Billings, the contact listed 

in the FOR FURTHER INFORMATION

CONTACT section. 

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 rule 

without a prior proposed rule because 

we view this as a noncontroversial 

action and anticipate no adverse 


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Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 41611 

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. 

3Checklist 44C was submitted for authorization 

in the September 2021 application, but Tennessee 

will need to make a regulatory change to remove 

its analog to 40 CFR 265.1(c)(2). Therefore, 

Checklist 44C is not being authorized at this time. 

4Checklist 117B was submitted for authorization 

in the September 2021 application, but Tennessee 

was already authorized for Checklist 117B in May 

1995. 

5Checklist 221 was submitted for authorization in 

the September 2021 application, but this Checklist 

was vacated and is not being authorized. 

6Checklist 224 was submitted for authorization in 

the September 2021 application, but this Checklist 

was vacated and is not being authorized. 

comment. This action is a routine 

program change. However, in the 

‘‘Proposed Rules’’ section of this issue 

of the 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 rule, see the 

ADDRESSES section of this document. 

If the EPA receives comments that 

oppose this authorization, we will 

withdraw this rule by publishing a 

document in the Federal Register before 

the rule becomes effective. The EPA will 

base any further decision on the 

authorization of the state program 

changes on the proposal mentioned in 

the previous paragraph. We will then 

address all public comments in a later 

rule. 

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 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 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 rule? 

Tennessee submitted a complete 

program revision application, dated 

September 24, 2021, seeking 

authorization of changes to its 

hazardous waste program corresponding 

to certain Federal rules promulgated 

between January 1, 1983, and June 30, 

2021 (including Recent Requirements 

(1–8) Cluster 1 (Checklist 2 2 only), 

HSWA Cluster I (Checklists SR1 and SI 

only), HSWA Cluster II (Checklist 44C 3

only), Non-HSWA Cluster V (Checklist 

61 only), RCRA Clusters III (Checklists 

117A and 117B4 only), VIII (Checklist 

167F only), XVI (Checklist 212 only), 

XVII (Checklist 214 only), XIX 

(Checklists 219, 220, and 221 5), XX 

(Checklists 222, 223, and 224 6), and 

XXI through XXIX). 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 authorization 

application, 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 program 

revision application, 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 

authorization application 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 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); and March 20, 

2015, effective May 19, 2015 (80 FR 

14847). 

VI. What changes is the EPA 

authorizing with this action? 

Tennessee submitted a complete 

program revision application, dated 

September 24, 2021, seeking 

authorization of changes to its 

hazardous waste management program 

in accordance with 40 CFR 271.21. This 

application included changes associated 

with Checklists SI, SR1, 2, 61, 117A, 

167F, 212, 214, 219, 220, 222, 223, 225 

through 240, 242, and 243. 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 


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41612 Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 

7The EPA has determined that certain provisions 

are more stringent or broader in scope than the 

Federal program. See discussion in Section VII of 

this document. 

qualify for final authorization.7

Therefore, the EPA grants final 

authorization to Tennessee for the 

following program changes: 

Description of Federal requirement Federal Register 

date and page Analogous State Authority 1

Checklist SR1,2 Existing and newly regulated surface impoundments.49 FR 44633, 11/8/ 

84.

0400–12–01–.05(11)(b). 

Checklist SI,3 Sharing of Information 

with the Agency for Toxic Substances 

and Disease Registry.

50 FR 28702, 7/15/ 

85.

Tennessee Code Annotated (TCA) 68–212–102(2) and TCA 68–212–107(d). 

Checklist 2, Permit Rules—Settlement 

Agreement.

48 FR 39611, 9/1/ 

83.

0400–12–01–.07(2)(a)7(i) and (iii), and (2)(a)10(i); 0400–12–01–.07(8)(a)4. 

Checklist 61, Changes to Interim Status 

Facilities for Hazardous Waste Management; Modifications of Hazardous 

Waste Management Permits; Procedures for Post-Closure Permitting.

54 FR 9596, 3/7/89 0400–12–01–.07(7)(i)1–2; 0400–12–01–.07(7)(k); 0400–12–01–.07(1)(b)2; 

0400–12–01–.07(2)(a)3; 0400–12–01–.07(6); 0400–12–01–.07(10), Appendix 

I (f)1(i)–(iii), (f)3, (f)4(i)–(ii), (g)1(i)–(ii) and (v), (g)5(i)–(iv), (h)5(iii)–(iv), and 

(j)6(iii)–(iv); 0400–12–01–.07(3)(c)1(i)–(v), (3)(c)2(i)–(vi), and (3)(d)5–7. 

Checklist 117A,4 Reissuance of the 

‘‘Mixture’’ and ‘‘Derived-From’’ Rules.

57 FR 7628, 3/3/92; 

57 FR 23062, 6/ 

1/92; 57 FR 

49278, 10/30/92.

0400–12–01–.02(1)(c)1(i)–(ii), (1)(c)1(ii)(I)–(V), including (1)(c)1(ii)(V) I–V, 

(1)(c)2–3, (1)(c)3(i)–(ii), (1)(c)3(ii)(I)–(II), including (1)(c)3(ii)(II) I–III, (1)(c)4(i)– 

(ii). 

Checklist 167F, Exclusion of Recycled 

Wood Preserving Wastewaters.

63 FR 28556, 5/26/ 

98.

0400–12–01–.02(1)(d)1(ix)(III), including (1)(d)1(ix)(III) I–V. 

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/ 

12/05.

0400–12–01–.01(2)(b)1 and 2; 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) and (iii)–(iv); 0400–12–01– 

.07(2)(h)1, (2)(h)1(i), (2)(h)1(i)(I)–(IX), and (2)(h)1(ii) [reserved]; 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)–(III), (9)(c)5(xi)(I), (9)(c)5(xi)(I) I– 

IV, (9)(c)5(xi)(II), and (9)(c)5(xi)(II) I–II; 0400–12–01–.07(10), Appendix I, 

Item (l)10; 0400–12–01–.07(1)(e) and (j); and 0400–12–01–.07(12)(a)1(i)–(ii), 

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


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 41613 

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/ 

06.

0400–12–01–.01(2)(a); 0400–12–01–.05(5)(a) and (b); 0400–12–01– 

.02(1)(b)3(i)(I), (1)(c)1(ii)(I), (1)(d)1(xxii)(V), (1)(d)2(ii)(II), (1)(d)2(vi)(I) II, 

(1)(d)2(vi)(II), (1)(d)2(vi)(II) IV, (1)(d)2(vi)(II) VI, (1)(d)2(ix), (1)(d)5(ii)(VI), 

(1)(d)5(iii)(I), (1)(f)1(ii)(I)–(IV), and (1)(f)3(ii); 0400–12–01–.02(3)(b)1(iii), 

(3)(b)1(iii)(I), (3)(b)1(iii)(II), (3)(b)1(iii)(II) I–IV, (3)(b)1(iv), (3)(b)1(iv)(I), 

(3)(b)1(iv)(I) I–IV, and (3)(e)2; 0400–12–01–.02(4)(b)1 Table, (4)(c)1 Table 

(Entries for K107 and K069), (4)(d)5 including Comment and Table, and 

(4)(d)6 including Comment and Table; 0400–12–01–.02(30), Appendices VII 

and VIII; 0400–12–01–.06(1)(b)2(ii); 0400–12–01–.06(2)(d)2(vii)(III) II, (2)(h)2, 

and (2)(i)2(iii)(III); 0400–12–01–.06(6)(h)1(i), (6)(h)1(i)(I), (6)(h)9(v), (6)(i)1(ii), 

(6)(i)7(iv)(I), (6)(j)8(ii), and (6)(l)4; 0400–12–01–.06(7)(c)2(ix), (7)(f)–(g), 

(7)(i)3, and (7)(j)2(i)(II); 0400–12–01–.06(8)(a)4(i), (8)(c)2(ii), (8)(g)2(vii), 

(8)(g)5(v), (8)(g)1(iii)(I), (8)(f)2, (8)(g)8(x), (8)(n)8(i), (8)(p)2, (8)(p)6–7, (8)(p)7 

Item 3, (8)(p)7 Part A, Alternative I, Item 3, (8)(p)7 Part B, Alternative I, Item 

10, (8)(p)7 Part B, Alternative I, Item 15, (8)(p)7 Part B, Alternative II, Item 7, 

(8)(p)8(ii) [Guarantee for Liability Coverage], (8)(p)9, (8)(p)10(ii)(IV), (8)(p)11– 

12, (8)(p)13 Section 8(III), and (8)(p)14(i) Sections 3(III)I, 3(V)III, 12, and 16; 

0400–12–01–.06(9)(f)2(i); 0400–12–01–.06(10)(d)3(iv) Note, (10)(d)4(iv), 

(10)(d)5(ii)(II)–(III), (10)(d)5(ii)(V) I–II, (10)(d)5(iii)(I)–(II), (10)(d)7(i)(III)–(IV), 

and (10)(d)7(ii)(I) I; 0400–12–01–.06(11)(b)3(i)(I) II, (11)(b)3(ii)(II), (11)(b)5(i), 

(11)(b)5(ii)(I) II–III, (11)(b)5(ii)(I) III, (11)(d)2(i), and (11)(g)1(ii); 0400–12–01– 

.06(12)(b)1(ii)(I) I and (12)(c)1–2; 0400–12–01–.06(13)(k)3(vii), (13)(k)4, and 

(13)(n)1; 0400–12–01–.06(14)(b)3(ii), (14)(b)5(ii)(I) II, (14)(c)1–2, (14)(e)2(i), 

(14)(o)5(ii), and (14)(r)1; 0400–12–01–.06(15)(e)2; 0400–12–01– 

.06(22)(c)5(iv)(III), (22)(c)5(iv)(IV) VI, (22)(c)5(vi)(III) V, (22)(e)1, and 

(22)(f)5(vi); 0400–12–01–.06(26)(d)1(i), (26)(d)1(iv)(I), (26)(d)1(v), (26)(d)2, 

and (26)(d)3(ii)–(iii); 0400–12–01–.06(27)(a), (27)(b)1, (27)(b)2(xi), and 

(27)(b)3(iv);0400–12–01–.06(30)(a)3, (30)(d)6(ii)(VII) II, (30)(e)2(ii), and 

(30)(f)3(iv)(I)–(II); 0400–12–01–.06(31)(a)6 and (31)(i)3(i); 0400–12–01– 

.06(32)(a)3; 0400–12–01–.06(33)(b)2(iii)(III), (33)(b)3(iii), (33)(b)3(iii)(I), 

(33)(b)4, and (33)(c)1; 0400–12–01–.06(57)(a) Appendix I, Table 1 and Appendix II, Table 2; 0400–12–01–.05(1)(b)2(iii); 0400–12–01–.05(2)(e)2(i), 

(2)(g)2, and (2)(j)3(ii); 0400–12–01–.05(4)(g)2; 0400–12–01–.05(6)(a)4; 

0400–12–01–.05(7)(a)2(iv), (7)(b)3, (7)(c)2(v), (7)(c)4(iv), (7)(d)2, (7)(d)5(iv), 

and (7)(j)2(i)(II); 0400–12–01–.05(8)(a)2, (8)(a)2(ii), (8)(c)1, (8)(g)7(x), and 

(8)(n)1(i)(I)–(II); 0400–12–01–.05(9)(e); 0400–12–01–.05(10)(d)5(ii)(V) I–II, 

(10)(d)9(ii), (10)(e)2(i)–(ii), and (10)(h)2; 0400–12–01–.05(11)(b)1, 

(11)(b)4(ii)(I) I–II, (11)(e)2(i), (11)(j)1(ii)(III) IV, (11)(j)2(ii), and (11)(k)2(ii)–(iii); 

0400–12–01–.05(12)(f)2 and (12)(j)2(i); 0400–12–01–.05(13)(k)1(iv) and 

(13)(l)1(i); 0400–12–01–.05(14)(b)1, (14)(b)4(i),5 (14)(b)4(ii)(I)II, (14)(c)2, 

(14)(d)2(i), (14)(m)1(i), (14)(o)5(i)(II), (14)(o)6(ii), (14)(q), and (14)(q)3–4; 

0400–12–01–.05(17)(f)1(i)(I); 0400–12–01–.05(23)(d)1(iv)(I), (23)(d)2, and 

(23)(f)2; 0400–12–01–.05(27)(d)6(ii)(II), (27)(f)2(ii), (27)(f)2(ii)(I), and 

(27)(f)3(iv)(I); 0400–12–01–.05(28)(n)2(iv)(II); 0400–12–01–.05(29)(a)1, 

(29)(f)8(iii), (29)(h)2, and (29)(k)6(i); 0400–12–01–.05(30)(a)4, (30)(b)2(iii)(I) 

II, (30)(b)2(iii)(III), (30)(b)3(iii), and (30)(b)4; 0400–12–01–.05(53)(a), Appendices I (Tables 1 and 2), V (Table), and VI; 0400–12–01–.09(6)(a)1; 0400– 

12–01–.09(8)(a)2(ii)(IV), (8)(a)4(iii)(I) I, (8)(a)7, (8)(c)1(ii)(VI), (8)(c)5(iii)(I) V, 

(8)(c)5(v)(I) III, (8)(c)5(vi)(II) II B, (8)(c)5(viii)(III), (8)(d)1(iv)(VII), (8)(d)2(ii)(V) 

II B, (8)(d)2(v)(II) I, (8)(d)3(i)(I), (8)(d)3(i)(II) I B, (8)(d)3(i)(IX), (8)(d)3(i)(IX) I, 

(8)(d)3(iv)(IV) III A, (8)(d)7(i)(I), (8)(g)4(i), (8)(j)1(ii)(II), and (8)(j)2; 0400–12– 

01–.09(14); 0400–12–01–.09(30), Appendices III–VI, VIII, and XIII (Item 14); 

0400–12–01–.10(1)(b)1, (1)(d)1(iii), (1)(g)1(i), (1)(g)1(iii)(II), (1)(g)1(iv) Table 

(Entry 8), (1)(g)2(iii)(II) Table (Entry 5), (1)(g)2(iv)(II), (1)(g)3(ii), (1)(g)4, 

(1)(g)4(i), (1)(g)4(i)(I)–(III), (1)(g)4(ii)–(iii), and (1)(n)2–3; 0400–12–01– 

.10(3)(a)7, (3)(a) Treatment Standards Table, (3)(c) Table 1, (3)(f) Table 1, 

(3)(i) Universal Treatment Standards Table, and (3)(j)4; 0400–12–01– 

.10(4)(a)3 and (4)(a)7; 0400–12–01–.10(5), Appendix VIII; 0400–12–01– 

.07(2)(f) and (2)(a)10(ii); 0400–12–01–.07(5), (5)(a)1(xi)(II) II, (5)(a)1(xix)(III), 

(5)(a)1(xxi), (5)(b)3(vi), (5)(b)4(ii), (5)(b)4(vii), and (5)(b)6(ix)(II); 0400–12–01– 

.07(9)(c)6 and (9)(c)5(iv)(II); 0400–12–01–.07(10), Appendix I; 0400–12–01– 

.07(3)(c)2(ii); 0400–12–01–.12(1)(i); 0400–12–01–.12(2)(d)2 and (2)(e)1; 

0400–12–01–.12(3)(e)1; 0400–12–01–.11(1)(a); 0400–12–01–.11(2)(a)2(ii), 

(2)(b), and (2)(b) Table 1; 0400–12–01–.11(5)(d)3(iii)(I), (5)(d)3(v), (5)(e)1, 

and (5)(e)3(ii); 0400–12–01–.11(6)(c)1–2, (6)(c)2(i)(II), (6)(c)2(vi)(II)–(III), 

(6)(f)1, (6)(g)1(ii), (6)(h)1(ii)(II), and (6)(j); 0400–12–01–.11(7)(d)2(iii) and 

(7)(e)5; 0400–12–01–.11(8)(a)2(i). 

Checklist 220, Academic Laboratories 

Generator Standard.

73 FR 72912, 12/1/ 

08.

0400–12–01–.03(1)(d)3(vi)–(vii), (1)(a)2(xi), and (1)(a)2(xi)(I)–(II); 0400–12–01– 

.03(10)(a)–(q), including (10)(q)1–2 [Addition of Subpart K]. 


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41614 Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 

Description of Federal requirement Federal Register 

date and page Analogous State Authority 1

Checklist 222, OECD Requirements; Export Shipments of Spent Lead-Acid 

Batteries.

75 FR 1236, 1/8/10 0400–12–01–.03(1)(a)2(iv);0400–12–01–.03(9)(a)1–2 and (9)(b); 0400–12–01– 

.01(2)(a); 0400–12–01–.03(9)(c)1–5, including (9)(c)5(i)–(ii), (9)(d)1–5, and 

(9)(e)1–5; 0400–12–01–.04(1)(a)5; 0400–12–01–.06(2)(c)1(ii); 0400–12–01– 

.06(5)(b)1(iii) and (5)(b)4; 0400–12–01–.05(2)(c)1(ii); 0400–12–01– 

.05(5)(b)1(iii) and (5)(b)4; 0400–12–01–.09(7)(a)1(vi)–(vii) Table Sections 6 

and 7. 

Checklist 223, Hazardous Waste Technical Corrections and Clarifications.75 FR 12989, 3/18/ 

10; 75 FR 31716, 

6/4/10.

0400–12–01–.01(2)(a); 0400–12–01–.01 [Removal of Appendix I]; 0400–12– 

01–.02(1)(a)3(x) and (1)(b)3 Table 1; 0400–12–01–.02(1)(d)1(xvii)(VI), 

(1)(f)1(ii), (1)(f)1(ii)(II), (1)(f)1(iii), (1)(g)1(i)–(ii), (1)(g)2(i), and (1)(g)2(iii); 

0400–12–01–.02(3)(d)1(viii); 0400–12–01–.02(4)(a)3–4, (4)(b)1 (listing for 

F037), (4)(c)1 Table, and (4)(d)6 (listing for U239); 0400–12–01–.02(30), Appendix VII; 0400–12–01–.03(3)(d)6 and (3)(d)6(i)–(iv); 0400–12–01– 

.03(5)(c)1(i)–(ii), (5)(c)3, (5)(c)3(i)–(ii), and (5)(c)2 Note; 0400–12–01– 

.06(4)(c)2 and (4)(g)4(ii); 0400–12–01–.06(5)(c)5(vi), (5)(c)6(i), and 

(5)(c)6(vii)–(viii); 0400–12–01–.06(14)(o)4 and (14)(q)2; 0400–12–01– 

.06(22)(c)1(iii)(II)–(IV) and (22)(c)5(iv)(IV) VI; 0400–12–01–.05(4)(c)2 and 

(4)(g)4(ii); 0400–12–01–.05(5)(c)5(vi), (5)(c)6(i), and (5)(c)6(vii)–(viii); 0400– 

12–01–.05(14)(o)5 and (14)(q)2; 0400–12–01–.10(3)(a) Treatment Standards 

Table and (3)(i)1 Universal Treatment Standards Table; 0400–12–01– 

.07(8)(g)1(i), (8)(g)1(i)(I)–(IV), and (8)(g)1(ii). 

Checklist 225, Removal of Saccharin 

and Its Salts from the Lists of Hazardous Constituents.

75 FR 78918, 12/ 

17/10.

0400–12–01–.02(4)(d)6; 0400–12–01–.02(30), Appendix VIII; 0400–12–01– 

.10(3)(a) Treatment Standards Table; and 0400–12–01–.10(5), Appendix VII 

(Table 1). 

Checklist 226, Academic Laboratories 

Generator Standards Technical Corrections.

75 FR 79304, 12/ 

20/10.

0400–12–01–.03(10)(a), (10)(a)1, (10)(g)2(iii)(I), (10)(m)5(i), (10)(o)1(i), and 

(10)(o)2(i). 

Checklist 227, Revision of the Land Disposal Treatment Standards for Carbamate Wastes.76 FR 34147, 6/13/ 

11.

0400–12–01–.10(3)(a) Treatment Standards Table and (3)(i)1 Universal Treatment Standards Table. 

Checklist 228, Hazardous Waste Technical Corrections and Clarifications.77 FR 22229, 4/13/ 

12.

0400–12–01–.02(4)(c)1 (Entry for K107); 0400–12–01–.09(3)(a)2. 

Checklist 229, Conditional Exclusions for 

Solvent Contaminated Wipes.

78 FR 46448, 7/31/ 

13.

0400–12–01–.01(2)(a); 0400–12–01–.02(1)(d)1(xxvi), (1)(d)1(xxvi)(I)–(VI), 

(1)(d)2(xviii), (1)(d)2(xviii)(I)–(VI), including (1)(d)2(xviii)(VI)I–II 

Checklist 230, Conditional Exclusion for 

Carbon Dioxide (CO2) Streams in 

Geologic Sequestration Activities..

79 FR 350, 1/3/14 0400–12–01–.01(2)(a); 0400–12–01–.02(1)(d)8, (1)(d)8(i)–(iv), including 

(1)(d)8(iv)(I)–(III). 

Checklist 231, Hazardous Waste Electronic Manifest System; Final Rule.79 FR 7518, 2/7/14 0400–12–01–.01(7)(a)1(i)(I)–(II); 0400–12–01–.01(2)(a); 0400–12–01– 

.03(3)(a)1(iii), (3)(a)1(iii)(I)–(II), (3)(e), (3)(e)1–6, (3)(f), and (3)(f)1–2; 0400– 

12–01–.04(3)(a)1(i)–(vii), (3)(f), and (3)(f)1; 0400–12–01–.06(5)(b)1(ii), 

(5)(b)1(ii)(I)–(V), (5)(b)1(ii)(VI), (5)(b)6–11, and (5)(b)11(i); 0400–12–01– 

.05(5)(b)1(ii), (5)(b)1(ii)(I)–(V), (5)(b)(ii)(VI), (5)(b)6–11, and (5)(b)11(i). 

Checklist 232, Revisions to the Export 

Provisions of the Cathode Ray Tube 

(CRT) Rule.

79 FR 36220, 6/26/ 

14.

0400–12–01–.01(2)(a); 0400–12–01–.02(5)(b)1(v)(I) VI, (5)(b)1(v)(X), 

(5)(b)1(v)(X) I–III, (5)(b)1(v)(XI), and (5)(d)1–2. 

Checklist 219, Revisions to the Definition of Solid Waste 6.

Checklist 233, Revisions to the Definition of Solid Waste, Response to 

Vacatur of Certain Provisions of the 

Definition of Solid Waste Rule.

Checklist 233A, Checklist A—Changes 

affecting all non-waste determinations 

and variances.

73 FR 64668, 10/ 

30/08; 80 FR 

1694, 1/13/15; 83 

FR 24664, 5/30/ 

18.

0400–12–01–.01(4)(c)3, including (4)(c)3(i)–(v), (4)(g), and (4)(g)3–5; 0400–12– 

01–.01(5)(c), including (5)(c)1–2. 

Checklists 233B, Legitimacy-related provisions, including prohibition of sham 

recycling, definition of legitimacy, definition of contained.

0400–12–01–.01(2)(a); 0400–12–01–.01(5)(d) and (5)(d)1–2, including 

(5)(d)2(i)–(ii); 0400–12–01–.02(1)(b)1(ii)(II) [reserved], (1)(b)2(iii)–(iv), and 

(1)(b)7. 

Checklist 233C, Speculative Accumulation.0400–12–01–.02(1)(a)3(viii). 

Checklist 233D2, 2008 DSW exclusions 

and non-waste determinations, including revisions from 2015 DSW final rule 

and 2018 DSW final rule.

0400–12–01–.01(2)(a); 0400–12–01–.01(4)(b), (4)(b)2, (4)(b)4–5, (4)(g), (4)(g)1, 

(4)(e), (4)(e)1–3, including (4)(e)3(i)–(v); 0400–12–01–.02(1)(a)3(iv), 

(1)(b)3(iii) and (iv) Table 1, and (1)(d)1(xxiii)–(xxv), through and including 

(1)(d)1(xxv)(I)–(XII); 0400–12–01–.02(8)(a)–(l) [Addition of Subpart H]; 0400– 

12–01–.02(11) and (12) [reserved]; 0400–12–01–.02(13)(a)–(d),7 through and 

including (13)(d)6(ix)(I)–(VII) [Addition of Subpart M]; 0400–12–01– 

.07(10)(a)9–10 Appendix I. 


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Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 41615 

Description of Federal requirement Federal Register 

date and page Analogous State Authority 1

Checklist 233E, Remanufacturing exclusion.0400–12–01–.01(2)(a);0400–12–01–.02(1)(b)3(iii), (1)(b)3(iv) Table 1, and 

(1)(d)1(xxvii)(I)–(VI), including (1)(d)1(xxvii)(VI)I–VI;0400–12–01–.02(9)(a)–(j) 

[Addition of Subpart I]; 0400–12–01–.02(10)(a)–(k) [Addition of Subpart J] [including (10)(c), (10)(d)5, and (10)(f) all reserved]; 0400–12–01–.02(27)(a)– 

(f),8 including (27)(f)1–6 [Addition of Subpart AA] [including (27)(d)1(ii) reserved]; 0400–12–01–.02(28)(a)–(o), including (28)(o)1–13 [Addition of Subpart BB]; 0400–12–01–.02(29)(a)–(j), including (29)(j)1–8 [Addition of Subpart 

CC] [including (29)(a)2, (29)(d)2, (29)(f), and (29)(g)2(ii) all reserved]. 

Checklist 234, Vacatur of the Comparable Fuels Rule and the Gasification Rule.80 FR 18777, 4/8/ 

15.

0400–12–01–.01(2)(a); 0400–12–01–.02(1)(d)1(xii) and (1)(d)1(xvi) [reserved]; 

0400–12–01–.02(5)(a) [reserved] 

Checklist 235, Disposal of Coal Combustion Residuals from Electric Utilities.80 FR 21302, 4/17/ 

15.

0400–12–01–.02(1)(d)2(iv)(I)–(II), including (1)(d)2(iv)(II) I–VIII. 

Checklist 236, Imports and Exports of 

Hazardous Waste.

81 FR 85696, 11/ 

28/16; 82 FR 

41015, 8/29/17; 

83 FR 38262, 8/ 

6/18.

0400–12–01–.01(2)(a) and (2)(b)1–2; 0400–12–01–.02(1)(d)4(i), (1)(d)4(iv), 

(1)(d)5(i), (1)(d)5(iv), (1)(f)1(iii)(I), and (1)(f)1(v); 0400–12–01–.02(5)(b)1(v)(II), 

(5)(b)1(v)(V)–(VI), (5)(b)1(v)(IX), and (5)(b)1(v)(XI); 0400–12–01– 

.03(1)(a)2(iv) and (1)(i)4; 0400–12–01–.03(5)(b)4; 0400–12–01–.03(7)–(8) 

[Removal of Subparts E and F]; 0400–12–01–.03(9)(a)–(e), including (9)(e)1– 

8 and (9)(e)8(i)–(iv), and (9)(f)–(j) [reserved]; 0400–12–01–.04(1)(a)5; 0400– 

12–01–.04(3)(a)1(ii), (3)(a)3, (3)(a)5(ii), (3)(a)6(ii) and Note, (3)(a)7, 

(3)(a)7(i)–(iv), including (3)(a)7(iv)(I)–(II); 0400–12–01–.06(2)(c)1, (2)(c)1(i)– 

(iv), and (2)(c)1(iv)(I)–(II); 0400–12–01–.06(5)(b)1(iii), (5)(b)1(iii)(I)–(II), and 

(5)(b)4; 0400–12–01–.05(2)(c)1, (2)(c)1(i)–(iv), including (2)(c)1(iv)(I)–(II); 

0400–12–01–.05(5)(b)1(iii), (5)(b)1(iii)(I)–(II), and (5)(b)4; 0400–12–01– 

.09(6)(a)2 and (6)(a)2(i)–(iii); 0400–12–01–.09(7)(a)1(vi)–(x); 0400–12–01– 

.12(2)(k);0400–12–01–.12(3)(j)1 and 2, and (3)(k); 0400–12–01–.12(4)(g); 

0400–12–01–.12(5)(c)1; 0400–12–01–.12(6)(a) and (6)(a)1–3. 

Checklist 237, Hazardous Waste Generator Improvements Rule.81 FR 85732, 11/ 

28/16.

0400–12–01–.01(1)(b);0400–12–01–.01(2)(a) and (2)(b)1–2;0400–12–01– 

.02(1)(a)1(i), (1)(a)3(vi), (1)(d)1(vii), (1)(e) [reserved], and (1)(f)3(ii)(IV); 0400– 

12–01–.02(4)(d)5–6; 0400–12–01–.02(13)(d)7;0400–12–01–.03(1)(a)1, 

(1)(a)1(i)–(ii), (1)(a)2(i), (1)(a)2(i)(I), (1)(a)2(i)(I) I, (1)(a)2(i)(I) I A–D, 

(1)(a)2(i)(I) II, (1)(a)2(i)(I) II A–G and I, (1)(a)2(i)(I) III, (1)(a)2(i)(I) III A–F and 

H, (1)(a)2(i)(II)–(III), (1)(a)2(ii), (1)(a)2(iv), (1)(a)2(vii)(I)–(II), (1)(a)2(x) [reserved], (1)(a)2(xi), (1)(a)2(xi)(I)–(II), (1)(b), (1)(b)1–7, (1)(c) [reserved], and 

(1)(d)–(i), including (1)(d)(i)1–40400–12–01–.03(2)(d) and (2)(d)1(i)–(ii);0400– 

12–01–.03(3) and (4) (headings); 0400–12–01–.03(4)(c)2–4, (4)(e) [reserved], and (4)(f); 0400–12–01–.03(5)(a) (heading), (5)(a)3, (5)(b), (5)(b)1, 

(5)(b)3–4, and (5)(d)–(e); 0400–12–01–.03(10)(a)1, (10)(a)11, (10)(b)1–2, 

(10)(c)1–2, (10)(d)1–2, (10)(e)1, (10)(g)2(iii)(III), (10)(h)4(ii), (10)(i)1(i)–(ii), 

(10)(i)4(ii), (10)(i)4(ii)(I)–(II), (10)(j)2, (10)(k)1, (10)(k)2(iii), (10)(k)4(ii), 

(10)(l)3–4, (10)(l)5(iii), (10)(m)4, (10)(n)1(i)–(iii), (10)(n)2(ii), (10)(o)2(v), and 

(10)(q)1–2; 0400–12–01–.03(11)(a)–(d), including (11)(d)1–3 [Addition of 

Subpart L]; 0400–12–01–.03(12)(a–(m),9 including (12)(m)9(i)–(vi) [Addition 

of Subpart M]; 0400–12–01–.04(1)(c)4–5, including (1)(c)5(i)–(ii); 0400–12– 

01–.06(1)(b)2(i) and (1)(b)2(iii); 0400–12–01–.06(2)(f)2(iv); 0400–12–01– 

.06(5)(b)3 and (5)(f); 0400–12–01–.06(9)(a) and (9)(e); 0400–12–01– 

.06(10)(b)1 and (10)(f)5 [reserved];0400–12–01–.06(30)(a)2(ii);0400–12–01– 

.06(31)(a)2(iii); 0400–12–01–.06(33)(b)3(iv); 0400–12–01–.05(1)(b)2(i), 

(1)(b)2(iv), (2)(f)2(iv), and (2)(f)2(v) [reserved]; 0400–12–01–.05(5)(b)3 and 

(5)(f);0400–12–01–.05(9)(e); 0400–12–01–.05(10)(f)4 [reserved] and (10)(l) 

[reserved]; 0400–12–01–.05(27)(a)2(ii)–(iii); 0400–12–01–.05(28)(a); 0400– 

12–01–.05(30)(b)3(iv);0400–12–01–.09(7)(a)1(vi) and (viii)–(x); 0400–12–01– 

.09(14)(f)1(i); 0400–12–01–.10(1)(a)5(i) and (1)(g)1(v); 0400–12–01– 

.10(4)(a)1(i), (4)(a)1(ii)(I), and (4)(a)1(ii)(I) I–IV; 0400–12–01–.07(1)(b)4 and 

(1)(b)4(i)–(ii);0400–12–01–.12(1)(c) and (1)(c)1(ii); 0400–12–01–.12(7)(b)2; 

0400–12–01–.11(2)(a)2(iii). 

Checklist 238, Confidentiality Determinations for Hazardous Waste Export and 

Import Documents.

82 FR 60894, 12/ 

26/17.

0400–12–01–.01(7)(a)1 and (Note) and (7)(a)1(ii)(I)–(II); 0400–12–01– 

.02(5)(b)1(v)(IV); 0400–12–01–.03(9)(d)2(v), (9)(d)6(ix), (9)(e)2(iv), and 

(9)(e)6(viii). 

Checklist 239, Hazardous Waste Electronic Manifest User Fee Rule.83 FR 420, 1/3/18 0400–12–01–.01(1)(d), (1)(d)1, including (1)(d)1(i)–(iv), (1)(e), (1)(e)1–2, including (1)(e)2(i)–(ii); 0400–12–01–.03(3)(a)1(i)–(ii), (3)(e)3, (3)(e)3(i) and (ii) [reserved], (3)(e)5, (3)(e)7 [reserved], and (3)(e)8; 0400–12–01–.03(13) [Appendix removed]; 0400–12–01–.04(3)(a)1(viii) [reserved] and (ix), and (3)(b)1–3, 

including (3)(b)3(i)–(ii); 0400–12–01–.06(5)(b)1(ii), including (5)(b)1(ii)(I)–(VI), 

(5)(b)10, (5)(b)10(i)–(ii), (5)(b)12, and (5)(b)12(i)–(v); 0400–12–01– 

.06(32)(g)3(iv)(I) and (32)(g)4(iv)(I); 0400–12–01–.05(5)(b)1(ii), including 

(5)(b)1(ii)(I)–(VI), (5)(b)10(i)–(ii), (5)(b)12, and (5)(b)12(i)–(v); 0400–12–01– 

.05(29)(h)3(iv)(I) and (29)(h)4(iv)(I);. 

Checklist 240, Safe Management of Recalled Airbags.83 FR 61552, 11/ 

30/18.

0400–12–01–.01(2)(a); 0400–12–01–.02(1)(d)9 [reserved], (1)(d)10(i)–(iii); 

0400–12–01–.03(1)(e)1(v)(IX)–(X) [both reserved] and (1)(e)1(v)(XI). 


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41616 Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 

Description of Federal requirement Federal Register 

date and page Analogous State Authority 1

Checklist 242, Universal Waste Regulations: Addition of Aerosol Cans.84 FR 67202, 12/9/ 

19.

0400–12–01–.01(2)(a); 0400–12–01–.02(1)(j)3–5; 0400–12–01– 

.06(1)(b)2(x)(III)–(V); 0400–12–01–.05(1)(b)2(xii)(III)–(V); 0400–12–01– 

.10(1)(a)6(iii)–(v); 0400–12–01–.07(1)(b)4(ix)(III)–(V); 0400–12–01– 

.12(1)(a)1(iii)–(v), (1)(c)2(ii), (1)(f)1–3, including (1)(f)3(i)–(ii), and (1)(i); 

0400–12–01–.12(2)(d)3(ii)(III)–(IV), (2)(d)5, (2)(d)5(i)–(iv), including 

(2)(d)5(iv)(I)–(VII), and (2)(e)6; 0400–12–01–.12(3)(c)2(iv), (3)(d)3(ii)(III)–(IV), 

(3)(d)5, (3)(d)5(i)–(iv), including (3)(d)5(iv)(I)–(VII), and (3)(e)6. 

Checklist 243, Modernizing Ignitable Liquids Determinations.85 FR 40594, 7/7/ 

20.

0400–12–01–.01(2)(b) and (2)(b)1–2; 0400–12–01–.02(3)(b)1(i), (3)(b)1(iii)(II), 

(3)(b)1(iii)(II)I–II, (3)(b)1(iii)(III)–(IV) (removed), (3)(b)1(iv), (3)(b)1(iv)(I)I, 

(3)(b)1(iv)(I)IV, and (3)(b)2 (removed Notes 1–4). 

Notes 

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

Chapter 0400–12–01, as amended through June 3, 2021. 2 Checklist SR1 corresponds to two HSWA statutory provisions relating to existing and newly regulated surface impoundments (RCRA sections 

3005(j)(1) and 3005(j)(6)(A)). The 1988 deadline in RCRA section 3005(j)(1) has passed making this provision moot. The statutory requirement 

at RCRA section 3005(j)(6)(A) has been codified at 40 CFR 265.221(h) by Checklist 109. Tennessee was authorized for Checklist 109 in 1995. 

The EPA is including Checklist SR1 in this authorization for completeness. 3 Checklist SI relates to a state’s authority to share landfill or surface impoundment permit application information with the Agency for Toxic 

Substances and Disease Registry (ATSDR). There is no regulatory analog to this provision at the Federal or State level; therefore, the Tennessee statutory provisions providing for the State’s authority to share information with ATSDR are listed above. 4 Checklist 117A has been superseded by Checklist 192A, Mixture and Derived-From Rule Revisions. Tennessee was previously authorized 

for Checklist 192A, effective February 7, 2005. The EPA is including Checklist 117A in this authorization for completeness. 5 Tennessee’s 0400–12–01–.05(14)(b)4(i) contains an incorrect cross-reference to Rule 0400–12–01–.02(3)(d). The correct reference to the 

Toxicity Characteristic Rule is 0400–12–01–.02(3)(e). Tennessee will correct this cross-reference in a subsequent rulemaking. 6 Tennessee has adopted the 2008 Federal Revisions to the Definition of Solid Waste Rule, as amended on January 13, 2015, and May 30, 

2018. 7 The Federal regulations at 40 CFR part 261, subpart M, still contain references to the verified recycler variance under 40 CFR 260.31(d), 

which has been removed. Tennessee has appropriately removed these references throughout its 0400–12–01–.02(13); however, in several 

places, Tennessee’s regulations replace the reference to the verified recycler variance with the phrase ‘‘or an intermediate or reclamation facility 

excluded from regulation under subpart (1)(d)1(xxiv) of this rule.’’ Note that it is not the facility that is excluded under 0400–12–01– 

.02(1)(d)1(xxiv); it is the hazardous secondary material that is potentially excluded from regulation. Tennessee will amend its regulations to clarify 

this distinction in a subsequent rulemaking. 8 The Tennessee regulation at 0400–12–01–.02(27)(d)14(i)(II) contains an incorrect cross-reference to paragraphs (30) and (32) of 0400–12– 

01–.06. The correct cross-reference should be to 0400–12–01–.02(27) and (29). Tennessee will amend its regulations to correct this cross-reference in a subsequent rulemaking. 9 The EPA is excluding from this authorization part (12)(j)4 of 0400–12–01–.03(12)(j), which is the analog to 40 CFR 262.262. The waiver from 

making ‘‘arrangements’’ with the local fire department and other emergency response organizations at 40 CFR 262.256(c) was not intended to 

exempt facilities with 24-hour response capabilities from providing copies of their contingency plans and quick reference guides to local emergency responders who may be called upon to provide emergency services. Tennessee will be removing this provision from its regulations in a 

subsequent rulemaking. 

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. 

The following Tennessee provisions 

are more stringent than the Federal 

program: 

• Tennessee is more stringent than 

the Federal program at 0400–12–01– 

.02(1)(d)1(xxiii)(I) II–III and at 0400–12– 

01–.02(1)(d)8(iv)(I)–(II) by adding a 

clause that the certifications must be 

made under penalty of perjury. 

• Tennessee is more stringent than 

the Federal program at 0400–12–01– 

.02(1)(d)1(xxiv)(VI) III by requiring 

confirmations to be sent within thirty 

(30) days of receipt. 

• Tennessee is more stringent than 

the Federal program at 0400–12–01– 

.02(1)(f)3(ii)(IV) by requiring annual 

reporting instead of biennial reporting. 

• Tennessee is more stringent than 

the Federal program at 0400–12–01– 

.03(1)(e)1 by requiring additional 

episodic and other reporting 

requirements for very small quantity 

generators. 

• Tennessee is more stringent than 

the Federal program at 0400–12– 

01.03(1)(g)2(ii)(IV) II, (g)2)(iii)(III) II, 

(g)2(iii)(IV) II, (g)2(iv)(III) III, (h)1(i)(V) 

II, (h)1(ii)(II), (h)1(iii)(I), and (h)1(iii)(III) 

III by requiring that records for large and 

small quantity generator inspections be 

kept for at least three (3) years and that 

such records include specific 

information. 

• Tennessee is more stringent than 

the Federal program at 0400–12–01– 

.03(1)(a)2(i)(I) II C, 0400–12–01– 

.03(1)(a)(2)(i)(I) III C, and 0400–12–01– 

.03(2)(d)1–3 in that these provisions 

require re-notification to the 

Commissioner within thirty (30) days 

after certain changes, annual updates to 

the notification information on file for 

large and small quantity generators, and 

notification of cessation of operations 

and closure. 

• Tennessee is more stringent than 

the Federal program at 0400–12–01– 

.03(5)(b)1–3 by requiring annual 

reporting for large and small quantity 

generators, as opposed to biennial 

reporting. 

• Tennessee is more stringent than 

the Federal program at 0400–12–01– 

.03(11)(c)1(v) and 0400–12–01– 

.03(11)(c)2(v) by requiring annual 

reporting for small and very small 

quantity generators. 

• Tennessee is more stringent than 

the Federal program at 0400–12–01– 

.04(1)(c)4–5 by imposing additional 

requirements on transfer facilities, 

including personnel training and 

security. 

• Tennessee is more stringent than 

the Federal program at 0400–12–01– 

.06(5)(f) and 0400–12–01–.05(5)(f) by 

requiring annual reporting as opposed 

to biennial reporting. 

• Tennessee is more stringent than 

the Federal program at 0400–12–01– 

.11(2)(a)2(iii) by regulating mixtures of 

used oil exhibiting the characteristic of 


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Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 41617 

ignitability as a hazardous waste rather 

than as used oil. 

Although the statute does not prevent 

states from adopting regulations that are 

broader in scope than the Federal 

program, states cannot receive 

authorization for such regulations, and 

they are not federally enforceable. The 

following Tennessee provisions are 

broader in scope than the Federal 

program: 

• Tennessee is broader in scope than 

the Federal program at 0400–12–01– 

.03(1)(a)2(i)(I) II H and (I) III G by 

requiring a hazardous waste reduction 

plan for large and small quantity 

generators. 

• Tennessee is broader in scope than 

the Federal program at 0400–12–01– 

.03(1)(i)3 by requiring that transporters 

have a permit and not just an EPA 

Identification Number. 

In the definition of legitimate 

recycling found at 0400–12–01– 

.01(5)(d), which corresponds to 40 CFR 

260.43, Tennessee includes two (2) 

clarifying notes regarding legitimate 

recycling that are based on the preamble 

discussion in the 2015 final Definition 

of Solid Waste Rule (see 80 FR 1720–22, 

January 13, 2015). These notes do not 

affect a facility’s obligation to 

legitimately recycle, nor do any of the 

material-specific exclusions from the 

definition of solid waste negate the 

requirement that the hazardous 

secondary material must be legitimately 

recycled as required by 0400–12–01– 

.01(5)(d). Per part (1)(b)6 of Rule 0400– 

12–01–.02 (equivalent to 40 CFR 

261.2(f)), respondents in an enforcement 

action would be required to provide 

appropriate documentation in order to 

demonstrate that any recycling 

exemptions or exclusions claimed are 

based on the material being legitimately 

recycled. Tennessee will be removing or 

clarifying these notes in a subsequent 

rulemaking. 

There are certain regulatory 

provisions for which the states cannot 

be authorized to administer or 

implement. These provisions include 

the requirements associated with the 

operation of the national E-Manifest 

system and the user fee provisions 

associated with the operation of such 

system contained in the Hazardous 

Waste Electronic Manifest Rule 

(Checklist 231) and the Hazardous 

Waste Electronic Manifest User Fee Rule 

(Checklist 239). Although Tennessee has 

adopted these regulations to maintain 

its equivalency with the Federal 

program, it has appropriately 

maintained the Federal references in 

order to preserve the EPA’s authority to 

implement these non-delegable 

provisions. 

Because of the Federal Government’s 

special role in matters of foreign policy, 

the EPA does not authorize states to 

administer the Federal import/export 

functions associated with the OECD 

Requirements for Export Shipments of 

Spent Lead-Acid Batteries (Checklist 

222), the Revisions to the Export 

Provisions of the Cathode Ray Tube 

Rule (Checklist 232), the Imports and 

Exports of Hazardous Waste Rule 

(Checklist 236), and the Confidentiality 

Determinations for Hazardous Waste 

Export and Import Documents Rule 

(Checklist 238). Although Tennessee has 

adopted these regulations to maintain 

its equivalency with the Federal 

program, it has appropriately 

maintained the Federal references in 

order to preserve the EPA’s authority to 

implement these provisions. 

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 rule? 

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. 

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. 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 


jspears on DSK121TN23PROD with RULES1
41618 Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 

1 84 FR 48866. 

2Final Rule, Federal Motor Vehicle Safety 

Standards; Minimum Sound Requirements for 

Hybrid and Electric Vehicles 81 FR 90416, effective 

September 5, 2017; docket No. NHTSA–2016–0125. 

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 15, 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 September 12, 2022. 

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: June 28, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–14512 Filed 7–12–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2022–0061] 

RIN 2127–AL93 

Federal Motor Vehicle Safety 

Standards; Minimum Sound 

Requirements for Hybrid and Electric 

Vehicles 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), U.S. 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

test procedure in section S6.7.3 of 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 141, Minimum Sound 

Requirements for Hybrid and Electric 

Vehicles, as proposed in the September 

17, 2019, notice of proposed rulemaking 

(NPRM), to specify the single point in 

time that should be used when 

determining one-third octave band 

levels of ambient noise measurements 

used in compliance tests. The agency 

has chosen not to adopt the remaining 

portions of the NPRM, including a 

proposal which would have allowed 

manufactures of hybrid and electric 

vehicles (HEVs) to install a number of 

driver-selectable pedestrian alert sounds 

in each HEV they manufacture. The 

driver-selectable alert sounds proposal 

is not being adopted because of a lack 

of supporting data. In addition, this 

final rule acknowledges that a proposed 

technical change included in the 

September 17, 2019, NPRM to correct 

two dates in NHTSA’s phase-in 

reporting requirements for FMVSS No. 

141 is no longer needed. That change 

was addressed previously by the 

agency’s September 1, 2020, interim 

final rule that extended the FMVSS No. 

141 compliance deadline and phase-in 

dates by six months. The interim final 

rule included adjustments to NHTSA’s 

reporting dates, superseding the need 

for the proposed corrections. 

DATES: This final rule is effective on 

August 12, 2022. 

ADDRESSES: All correspondence, 

comments and other information 

relating to this document should refer to 

the docket number shown in the 

heading and should be submitted to: 

Administrator, National Highway 

Traffic Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Pyne, NHTSA Office of Crash 

Avoidance Standards, by email to 

mike.pyne@dot.gov or at 202–366–4171, 

or Mr. Paul Connet, NHTSA Office of 

the Chief Counsel, by email to 

paul.connet@dot.gov or at 202–366– 

5547. 

SUPPLEMENTARY INFORMATION: On 

September 17, 2019, NHTSA issued an 

NPRM to amend FMVSS No. 141, 

Minimum Sound Requirements for 

Hybrid and Electric Vehicles (the ‘‘quiet 

vehicles’’ rule) to remove the numerical 

limit on compliant sounds that a 

manufacturer may choose to install in a 

vehicle.1 Under the proposal, a 

manufacturer would be allowed to 

install any number of compliant sounds 

on each HEV make/model/body style/ 

trim they produce for sale in the United 

States. NHTSA requested comment on 

that proposal and on whether the safety 

standard should allow more than one 

compliant sound and if so, what the 

allowable number should be. 

The NPRM included two other 

proposed changes, one to amend the 

FMVSS No. 141 test procedure for 

measuring ambient sound levels during 

compliance tests, and the other to 

correct phase-in reporting dates. 

Background 

To protect pedestrians and other road 

users, FMVSS No. 141 requires HEVs to 

emit a pedestrian alert sound while 

operating in certain conditions.2 The 

alert sound on a given vehicle is 

allowed to change with vehicle 

operating speed or direction—the 

standard defines five different operating 

conditions: stationary in neutral or 

forward gear and with constant forward 

speed less than 10 km/h; reverse; and 

moving at constant forward speed from 

10 km/h up to but not including 20 km/ 


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