[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Rules and Regulations]
[Pages 41610-41618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14512]


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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.

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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: 
<a href="/cdn-cgi/l/email-protection#16747f7a7a7f787165386479747f785673667738717960"><span class="__cf_email__" data-cfemail="f99b90959590979e8ad78b969b9097b99c8998d79e968f">[email protected]</span></a>.

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

[[Page 41611]]

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 117B \4\ 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.
---------------------------------------------------------------------------

    \1\ A ``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.
    \2\ A ``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.
    \3\ Checklist 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.
    \4\ Checklist 117B was submitted for authorization in the 
September 2021 application, but Tennessee was already authorized for 
Checklist 117B in May 1995.
    \5\ Checklist 221 was submitted for authorization in the 
September 2021 application, but this Checklist was vacated and is 
not being authorized.
    \6\ Checklist 224 was submitted for authorization in the 
September 2021 application, but this Checklist was vacated and is 
not being authorized.
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    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:
    <bullet> Conduct inspections, and require monitoring, tests, 
analyses, and 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 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

[[Page 41612]]

qualify for final authorization.\7\ Therefore, the EPA grants final 
authorization to Tennessee for the following program changes:
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    \7\ The 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.

------------------------------------------------------------------------
    Description of Federal       Federal Register     Analogous State
          requirement             date and page        Authority \1\
------------------------------------------------------------------------
Checklist SR1,\2\ Existing and  49 FR 44633, 11/8/ 0400-12-01-.05(11)(b)
 newly regulated surface         84.                .
 impoundments.
Checklist SI,\3\ Sharing of     50 FR 28702, 7/15/ Tennessee Code
 Information with the Agency     85.                Annotated (TCA) 68-
 for Toxic Substances and                           212-102(2) and TCA
 Disease Registry.                                  68-212-107(d).
Checklist 2, Permit Rules--     48 FR 39611, 9/1/  0400-12-01-.07(2)(a)7
 Settlement Agreement.           83.                (i) and (iii), and
                                                    (2)(a)10(i); 0400-12-
                                                    01-.07(8)(a)4.
Checklist 61, Changes to        54 FR 9596, 3/7/   0400-12-01-.07(7)(i)1
 Interim Status Facilities for   89.                -2; 0400-12-01-
 Hazardous Waste Management;                        .07(7)(k); 0400-12-
 Modifications of Hazardous                         01-.07(1)(b)2; 0400-
 Waste Management Permits;                          12-01-.07(2)(a)3;
 Procedures for Post-Closure                        0400-12-01-.07(6);
 Permitting.                                        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   57 FR 7628, 3/3/   0400-12-01-.02(1)(c)1
 of the ``Mixture'' and          92; 57 FR 23062,   (i)-(ii),
 ``Derived-From'' Rules.         6/1/92; 57 FR      (1)(c)1(ii)(I)-(V),
                                 49278, 10/30/92.   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    63 FR 28556, 5/26/ 0400-12-01-.02(1)(d)1
 Recycled Wood Preserving        98.                (ix)(III), including
 Wastewaters.                                       (1)(d)1(ix)(III) I-
                                                    V.
Checklist 212, National         70 FR 59402, 10/   0400-12-01-.01(2)(b)1
 Emission Standards for          12/05.             and 2; 0400-12-01-
 Hazardous Air Pollutants:                          .06(15)(a)2(i) and
 Final Standards for Hazardous                      (iii); 0400-12-01-
 Air Pollutants for Hazardous                       .05(15)(a)2(i); 0400-
 Waste Combustors (Phase I                          12-01-.09(8)(a)2(i)
 Final Replacement Standards                        and (iii)-(iv); 0400-
 and Phase II).                                     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)-(II
                                                    I), (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).

[[Page 41613]]

 
Checklist 214, Corrections to   71 FR 40254, 7/14/ 0400-12-01-.01(2)(a);
 Errors in the Code of Federal   06.                0400-12-01-.05(5)(a)
 Regulations.                                       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)-(II
                                                    I), (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)(I
                                                    II),
                                                    (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(ii
                                                    i)(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         73 FR 72912, 12/1/ 0400-12-01-.03(1)(d)3
 Laboratories Generator          08.                (vi)-(vii),
 Standard.                                          (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].

[[Page 41614]]

 
Checklist 222, OECD             75 FR 1236, 1/8/   0400-12-01-.03(1)(a)2
 Requirements; Export            10.                (iv);0400-12-01-.03(
 Shipments of Spent Lead-Acid                       9)(a)1-2 and (9)(b);
 Batteries.                                         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  75 FR 12989, 3/18/ 0400-12-01-.01(2)(a);
 Technical Corrections and       10; 75 FR 31716,   0400-12-01-.01
 Clarifications.                 6/4/10.            [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(vii
                                                    i); 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       75 FR 78918, 12/   0400-12-01-.02(4)(d)6
 Saccharin and Its Salts from    17/10.             ; 0400-12-01-
 the Lists of Hazardous                             .02(30), Appendix
 Constituents.                                      VIII; 0400-12-01-
                                                    .10(3)(a) Treatment
                                                    Standards Table; and
                                                    0400-12-01-.10(5),
                                                    Appendix VII (Table
                                                    1).
Checklist 226, Academic         75 FR 79304, 12/   0400-12-01-.03(10)(a)
 Laboratories Generator          20/10.             , (10)(a)1,
 Standards Technical                                (10)(g)2(iii)(I),
 Corrections.                                       (10)(m)5(i),
                                                    (10)(o)1(i), and
                                                    (10)(o)2(i).
Checklist 227, Revision of the  76 FR 34147, 6/13/ 0400-12-01-.10(3)(a)
 Land Disposal Treatment         11.                Treatment Standards
 Standards for Carbamate                            Table and (3)(i)1
 Wastes.                                            Universal Treatment
                                                    Standards Table.
Checklist 228, Hazardous Waste  77 FR 22229, 4/13/ 0400-12-01-.02(4)(c)1
 Technical Corrections and       12.                (Entry for K107);
 Clarifications.                                    0400-12-01-.09(3)(a)
                                                    2.
Checklist 229, Conditional      78 FR 46448, 7/31/ 0400-12-01-.01(2)(a);
 Exclusions for Solvent          13.                0400-12-01-.02(1)(d)
 Contaminated Wipes.                                1(xxvi),
                                                    (1)(d)1(xxvi)(I)-(VI
                                                    ), (1)(d)2(xviii),
                                                    (1)(d)2(xviii)(I)-(V
                                                    I), including
                                                    (1)(d)2(xviii)(VI)I-
                                                    II
Checklist 230, Conditional      79 FR 350, 1/3/14  0400-12-01-.01(2)(a);
 Exclusion for Carbon Dioxide                       0400-12-01-.02(1)(d)
 (CO2) Streams in Geologic                          8, (1)(d)8(i)-(iv),
 Sequestration Activities..                         including
                                                    (1)(d)8(iv)(I)-(III)
                                                    .
Checklist 231, Hazardous Waste  79 FR 7518, 2/7/   0400-12-01-.01(7)(a)1
 Electronic Manifest System;     14.                (i)(I)-(II); 0400-12-
 Final Rule.                                        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     79 FR 36220, 6/26/ 0400-12-01-.01(2)(a);
 the Export Provisions of the    14.                0400-12-01-.02(5)(b)
 Cathode Ray Tube (CRT) Rule.                       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     73 FR 64668, 10/   0400-12-01-.01(4)(c)3
 the Definition of Solid Waste   30/08; 80 FR       , including
 \6\.                            1694, 1/13/15;     (4)(c)3(i)-(v),
Checklist 233, Revisions to      83 FR 24664, 5/    (4)(g), and (4)(g)3-
 the Definition of Solid         30/18.             5; 0400-12-01-
 Waste, Response to Vacatur of                      .01(5)(c), including
 Certain Provisions of the                          (5)(c)1-2.
 Definition of Solid Waste
 Rule.
Checklist 233A, Checklist A--
 Changes affecting all non-
 waste determinations and
 variances.
Checklists 233B, Legitimacy-                       0400-12-01-.01(2)(a);
 related provisions, including                      0400-12-01-.01(5)(d)
 prohibition of sham                                and (5)(d)1-2,
 recycling, definition of                           including (5)(d)2(i)-
 legitimacy, definition of                          (ii); 0400-12-01-
 contained.                                         .02(1)(b)1(ii)(II)
                                                    [reserved],
                                                    (1)(b)2(iii)-(iv),
                                                    and (1)(b)7.
Checklist 233C, Speculative                        0400-12-01-.02(1)(a)3
 Accumulation.                                      (viii).
Checklist 233D2, 2008 DSW                          0400-12-01-.01(2)(a);
 exclusions and non-waste                           0400-12-01-.01(4)(b)
 determinations, including                          , (4)(b)2, (4)(b)4-
 revisions from 2015 DSW final                      5, (4)(g), (4)(g)1,
 rule and 2018 DSW final rule.                      (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.

[[Page 41615]]

 
Checklist 233E,                                    0400-12-01-.01(2)(a);
 Remanufacturing exclusion.                         0400-12-01-.02(1)(b)
                                                    3(iii), (1)(b)3(iv)
                                                    Table 1, and
                                                    (1)(d)1(xxvii)(I)-(V
                                                    I), 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   80 FR 18777, 4/8/  0400-12-01-.01(2)(a);
 Comparable Fuels Rule and the   15.                0400-12-01-.02(1)(d)
 Gasification Rule.                                 1(xii) and
                                                    (1)(d)1(xvi)
                                                    [reserved]; 0400-12-
                                                    01-.02(5)(a)
                                                    [reserved]
Checklist 235, Disposal of      80 FR 21302, 4/17/ 0400-12-01-.02(1)(d)2
 Coal Combustion Residuals       15.                (iv)(I)-(II),
 from Electric Utilities.                           including
                                                    (1)(d)2(iv)(II) I-
                                                    VIII.
Checklist 236, Imports and      81 FR 85696, 11/   0400-12-01-.01(2)(a)
 Exports of Hazardous Waste.     28/16; 82 FR       and (2)(b)1-2; 0400-
                                 41015, 8/29/17;    12-01-.02(1)(d)4(i),
                                 83 FR 38262, 8/6/  (1)(d)4(iv),
                                 18.                (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  81 FR 85732, 11/   0400-12-01-.01(1)(b);
 Generator Improvements Rule.    28/16.             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];0400-12-0
                                                    1-.06(30)(a)2(ii);04
                                                    00-12-01-.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-.0
                                                    5(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-.0
                                                    9(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  82 FR 60894, 12/   0400-12-01-.01(7)(a)1
 Determinations for Hazardous    26/17.             and (Note) and
 Waste Export and Import                            (7)(a)1(ii)(I)-(II);
 Documents.                                         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  83 FR 420, 1/3/18  0400-12-01-.01(1)(d),
 Electronic Manifest User Fee                       (1)(d)1, including
 Rule.                                              (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  83 FR 61552, 11/   0400-12-01-.01(2)(a);
 of Recalled Airbags.            30/18.             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).

[[Page 41616]]

 
Checklist 242, Universal Waste  84 FR 67202, 12/9/ 0400-12-01-.01(2)(a);
 Regulations: Addition of        19.                0400-12-01-.02(1)(j)
 Aerosol Cans.                                      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      85 FR 40594, 7/7/  0400-12-01-.01(2)(b)
 Ignitable Liquids               20.                and (2)(b)1-2; 0400-
 Determinations.                                    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
\1\ The 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:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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

[[Page 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:
    <bullet> 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.
    <bullet> 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

[[Page 41618]]

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 pre-existing 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


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