[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Proposed Rules]
[Pages 60398-60403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24001]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R09-RCRA-2010-0598; FRL-9205-1]


California: Proposed Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: California has applied to EPA for final authorization of 
certain changes to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA). EPA has reviewed California's 
application and made the tentative decision that these changes satisfy 
all requirements needed to qualify for final authorization, and is 
proposing to authorize the State's changes. EPA is also proposing that 
the State's requirements regulating facilities that are conditionally 
exempt from the federal rules as Conditionally Exempt Small Quantity 
Generators (``CESQGs'') be treated as more stringent than federal 
requirements, thereby making these provisions federally enforceable.

DATES: EPA must receive written comments on California's application 
for authorization for changes to its hazardous waste management program 
by November 1, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
RCRA-2010-0598 by one of the following methods:
    <bullet> http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#87f4eaeef3efa9f5e2e5e2e4e4e6c7e2f7e6a9e0e8f1"><span class="__cf_email__" data-cfemail="21524c4855490f53444344424240614451400f464e57">[email protected]</span></a>.
    <bullet> Fax: (415) 947-3533 (prior to faxing, please notify 
Rebecca Smith at 415-972-3313)
    <bullet> Mail: Send written comments to: Rebecca Smith, WST-2, EPA 
Region 9, 75 Hawthorne Street, San Francisco, CA 94105-3901.
    <bullet> Hand Delivery or Courier: Rebecca Smith, EPA Region 9 
(WST-2), 75 Hawthorne Street, San Francisco, CA 94105. Such deliveries 
are only accepted during the office's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: We must receive your comments by November 1, 2010. 
Direct your comments to Docket ID No. EPA-R09-RCRA-2010-0598. EPA's 
policy is that all comments received will be included in the public 
docket without change and may be made available online at http://www.regulations.gov including any personal information provided, unless 
the comment includes information claimed to be Confidential Business 
Information (CBI) or other information the disclosure of which is 
restricted by statute, or you make special arrangements with the EPA 
contact. Do not submit information that you consider to be CBI or 
otherwise protected through http://www.regulations.gov or e-mail. The 
http://www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If you do so, this information will become a part of the public 
record, unless you have made arrangements with EPA prior to the 
submittal of your comments. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. (For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm).
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy.
    You may view and copy California's application at the following 
addresses: California Environmental Protection Agency, Environmental 
Services Center, 1001 I Street, 22nd Floor, Sacramento,

[[Page 60399]]

CA 95814, Phone: (916) 324-0912, from 8 a.m. to noon and 1 p.m. to 4 
p.m., Monday through Thursday (appointment preferred but not required); 
and U.S. EPA Region 9 Library-Information Center, 75 Hawthorne Street, 
San Francisco, CA 94105, Phone: (415) 947-4406, from 9 a.m. to 12 p.m. 
and 1 p.m. to 4 p.m. Monday through Thursday. Copy services are not 
available in Sacramento, but should be arranged by the viewer.

FOR FURTHER INFORMATION CONTACT: Rebecca Smith, EPA Region 9 (WST-2), 
75 Hawthorne Street, San Francisco, CA 94105, Phone: (415) 972-3313. E-
mail: <a href="/cdn-cgi/l/email-protection#d6a5bbbfa2bef8a4b3b4b3b5b5b796b3a6b7f8b1b9a0"><span class="__cf_email__" data-cfemail="c8bba5a1bca0e6baadaaadababa988adb8a9e6afa7be">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs necessary?

    States which have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, States must 
revise their programs and ask EPA to authorize the revisions. Revisions 
to state programs may be necessary when Federal or state statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, states must change their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273 and 279.

B. What decisions have we made in this rule?

    EPA has made the tentative determination that California's 
application to revise its authorized program meets all of the statutory 
and regulatory requirements established by RCRA. Therefore, we are 
proposing to grant California final authorization to operate its 
hazardous waste program with the changes described in this 
authorization application. California will have responsibility for 
permitting treatment, storage, and disposal facilities (TSDFs) within 
its borders (except in Indian country) and for carrying out all 
authorized aspects of the RCRA program described in its revised program 
application, subject to the limitations of RCRA's Hazardous and Solid 
Waste Amendments of 1984 (HSWA). New Federal requirements and 
prohibitions imposed by HSWA regulations take effect as a matter of 
Federal law in authorized states before those states are authorized for 
such requirements. Thus, EPA will implement those requirements and 
prohibitions in California, including issuing permits, until the State 
is granted authorization to do so.

C. What is the effect of this authorization decision?

    If California is authorized for these changes, a facility in 
California subject to RCRA will have to comply with the authorized 
State requirements instead of the corresponding Federal requirements in 
order to comply with RCRA. Additionally, facilities must comply with 
certain Federal requirements, i.e., HSWA regulations issued by EPA for 
which California has not received authorization, and RCRA requirements 
that are not supplanted by authorized State-issued requirements such as 
requirements for the exportation of hazardous waste. California 
continues to have enforcement responsibilities under its State law to 
pursue violations of its hazardous waste management program. EPA 
continues to have independent enforcement authority under RCRA sections 
3007, 3008, 3013, and 7003, which include, among others, the authority 
to:
    <bullet> Do inspections, and require monitoring, tests, analyses or 
reports;
    <bullet> Enforce RCRA requirements (including State-issued statutes 
and regulations that are authorized by EPA and any applicable 
Federally-issued statutes and regulations) and suspend or revoke 
permits; and
    <bullet> Take enforcement actions regardless of whether the State 
has taken its own actions.
    The action to approve these revisions would not impose additional 
requirements on the regulated community because the regulations for 
which California will be authorized are already effective under State 
law and are not changed by the act of authorization.

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

    If EPA receives comments that oppose this authorization, we will 
address those comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you must do so at this time.

E. For what has California previously been authorized?

    California initially received final authorization for the base RCRA 
program on July 23, 1992, effective August 1, 1992 (57 FR 32726). EPA 
granted authorization for changes to California's program on September 
26, 2001, effective September 26, 2001 (66 FR 49118).

F. What changes are we proposing with this action?

    On August 2, 2004 and August 17, 2004 California submitted final 
complete program revision applications, seeking authorization of those 
changes in accordance with 40 CFR 271.21. We have made a tentative 
determination that California's hazardous waste program revisions 
satisfy all of the requirements necessary to qualify for final 
authorization.
    California has applied for only the Federal changes relating to the 
corrective action management units, the Bevill exclusion and the land 
disposal restrictions. There are several changes to the Federal program 
for which California has not yet applied for authorization. The major 
areas of changes for which California has not yet applied for 
authorization are: The used oil regulations; consolidated liability 
requirements; military munitions; universal waste; modification to the 
hazardous waste manifest system; standardized permit requirements; 
burden reduction regulations; and the NESHAPS: Final Standards for 
Hazardous Air Pollutants for Hazardous Waste Combustors (MACT Rule).
    California submits packages to EPA relating to its efforts to seek 
authorization for updates to its program based on revisions to the 
Federal program. EPA publishes a series of checklists to aid California 
and the other states in such efforts (see EPA's RCRA State 
Authorization Web page at http://www.epa.gov/epaoswer/hazwaste/state/revision/program.htm). Each checklist generally reflects changes made 
to the Federal regulations pursuant to a particular Federal Register 
notice. California's submittals have been grouped into general 
categories (e.g., Corrective Action Management Units, Land Disposal 
Restrictions, etc.). Each submittal may have reflected changes based on 
one or more Federal Register notices and would have thus referenced one 
or more corresponding checklists.
    What follows is a summary, for each general category identified by 
California in its submittals, of the specific subjects of changes to 
the Federal program for that category. Although the changes to the 
Federal program are identified in the summary, California did not 
necessarily make revisions to its program as a result of each Federal 
revision noted. For example, certain revisions to the Federal program 
may have resulted in less stringent regulation than that which 
previously existed. Since states may maintain programs which are more 
stringent than the Federal program,

[[Page 60400]]

states have the option whether or not to adopt such revisions.

1. Changes California Identified as Relating to Corrective Action 
Management Units

    We are proposing to grant California final authorization for all 
revisions to its program due to certain changes to the Federal 
Corrective Action Management Unit program.

2. Changes California Identified as Relating to Land Disposal 
Restrictions Phases 3 and 4

    We are proposing to grant California final authorization for all 
revisions, if any, to its program due to certain changes to the Federal 
program in the following areas: (1) Land Disposal Restrictions Phase 
III--Decharacterized Wastewaters; (2) Emergency Extension of the K088 
Capacity Variance; (3) Land Disposal Restrictions Phase IV--Treatment 
Standards for Wood Preserving Wastes, Paperwork Reduction and 
Streamlining, Exemptions From RCRA for Certain Processed Materials; (4) 
Emergency Revision of the Carbamate Land Disposal Restrictions; (5) 
Clarification of Standards for Hazardous Waste LDR Treatment Variances; 
(6) Treatment Standards for Metal Wastes and Mineral Processing Wastes; 
(7) Hazardous Soils Treatment Standards and Exclusions; (8) 
Administrative Stay for Zinc Micronutrient Fertilizers; (9) Emergency 
Revision of the Land Disposal Restrictions (LDR) Treatment Standards 
for Listed Hazardous Wastes from Carbamate Production; (10) Extension 
of Compliance Date for Characteristic Slags; (11) Treatment Standards 
for Spent Potliners from Primary Aluminum Reduction (K088); (12) 
Chlorinated Aliphatics Listing and LDRs for Newly Identified Wastes; 
(13) Deferral for PCBs in Soil; and (14) Certain Land Disposal 
Restrictions Technical Corrections and Clarifications. Note that 
California has not yet adopted the provisions addressed by the 
following Federal final rules which are also part of Phase IV of the 
land disposal restrictions requirements: LDR Revision Checklist 195 (66 
FR 58258, November 20, 2001, as amended by 67 FR 17119, April 9, 2002); 
non-LDR Revision Checklist 200 (67 FR 28393, July 24, 2002); and LDR 
Revision Checklist 201 (67 FR 62618, October 7, 2002).

3. Changes California Identified as Relating to the Bevill Exclusion

    We are proposing to grant California final authorization for all 
revisions to its program due to certain changes to the Federal program 
in the Bevill Exclusion requirements.
    The following table shows the Federal and analogous State 
provisions involved in this tentative decision and the relevant 
corresponding checklists:

------------------------------------------------------------------------
   Description of Federal
   requirement (checklist       Federal Register       Analogous State
         <greek-i>)               page and date           authority
------------------------------------------------------------------------
40 Code of Federal            (196) 67 FR 2962,     (196) Title 22,
 Regulations (40 CFR),         Jan. 22, 2002.        California code of
 260.10 Corrective Action                            Regulations (22
 Management Units (CAMU),                            CCR) 66260.10,
 checklist 196.                                      amended July 19,
                                                     2004.
40 CFR 261.1 Land Disposal    (157) 62 FR 25998,    (157) California did
 Restrictions (LDR),           May 12, 1997.         not adopt these
 checklist 157.                                      exclusions.
40 CFR 261.2 LDR, checklists  (179) 64 FR 2548,     (157, 179)
 157, 179.                     May 11, 1999.         California did not
                                                     adopt these
                                                     regulations.
40 CFR 261.3, Bevill          (167E) 63 FR 28556,   (167E) 66261.3,
 Exclusion, checklist 167E.    May 26, 1998.         amended March 15,
                                                     2003.
40 CFR 261.4, Bevill          ....................  (167E) 66261.4,
 Exclusion, checklist 167E.                          amended November
                                                     12, 1998.
40 CFR 262.34 LDR,            (183) 64 FR 56469,    (179, 183) 22 CCR
 checklists 179, 183.          October 20, 1999.     66262.34, amended
                                                     Sept. 11, 2000.
40 CFR 264.550 through        ....................  (196) 22 CCR
 264.552 CAMU, checklist 196.                        66264.550 through
                                                     66264.552, amended
                                                     July 19, 2004.
40 CFR 264.554 and 264.555    ....................  (196) California did
 CAMU, checklist 196.                                not adopt these
                                                     regulations.
40 CFR 268.1 LDR, checklists  (151) 61 FR 15566     (151, 157) 22 CCR
 151, 157.                     April 8, 1996;        66268.1, amended
                               [amended 61 FR        June 4, 1999
                               15660 April 8,
                               1996; 61 FR 19117
                               April 30, 1996; 61
                               FR 33680 June 28,
                               1996; 61 FR 36419
                               July 10, 1996; 61
                               FR 43924 August 26,
                               1996; and 62 FR
                               7502 February 19,
                               1997].
40 CFR 268.2 LDR, checklists  (167A, 167B) 63 FR    (151, 167A, 167B,
 151, 167A, 167B, 179.         28556, May 26, 1998   179) 22 CCR
                               [amended 63 FR        66260.10, amended
                               31266 June 8, 1998].  Feb. 26, 2004.
40 CFR 268.3(b) LDR           ....................  (151) California
 checklist 151.                                      Health and Safety
                                                     Code (HSC) Division
                                                     20, 25179.2(e)
                                                     enacted 1995.
                                                     California did not
                                                     adopt the dilution
                                                     exception.
40 CFR 268.3(c) and (d) LDR   ....................  (151, 167A) 22 CCR
 checklists 151, 167A.                               66268.3(b) and (c)
                                                     amended June 4,
                                                     1999
40 CFR 268.4 LDR checklist    (167C) 63 FR 28556,   (167C) HSC, Division
 167C.                         May 26, 1998          20, 25179.11
                               [amended 63 FR        amended 1996. 22
                               31266, June 8,        CCR 66268.1 amended
                               1998].                June 4, 1999.
40 CFR 268.7 LDR, checklists  ....................  (151, 157, 167B,
 151, 157, 167B, 167C, 179,                          167C, 179, 183) 22
 183.                                                CCR 66268.7 amended
                                                     Feb. 26, 2004;
                                                     (157) California
                                                     did not adopt the
                                                     Federal exemption
                                                     at 40 CFR
                                                     268.7(b)(6).
40 CFR 268.9 LDR checklists   ....................  (151, 157, 179) 22
 151, 157, 179.                                      CCR 66268.9 amended
                                                     Feb. 26, 2004.
40 CFR 268.30 LDR checklist   ....................  (157) 22 CCR
 157.                                                66268.30 amended
                                                     June 4, 1999.
40 CFR 268.32 LDR checklists  (190) 65 FR 81373     (157, 190) 22 CCR
 157, 190.                     December 26, 2000.    66268.31.5 amended
                                                     July 3, 2002.
40 CFR 268.33 LDR checklist   (189) 65 FR 67068,    (189) 22 CCR
 189.                          November 8, 2000.     66268.33 amended
                                                     July 3, 2002.

[[Page 60401]]

 
40 CFR 268.34 LDR checklists  (167A, 172) 63 FR     (167A, 172) 22 CCR
 167A, 172.                    48124, September 9,   66268.34 amended
                               1998.                 Sept. 11, 2000.
40 CFR 268.39 LDR checklists  (155) 62 FR 1992,     (151, 155, 159, 160,
 151, 155, 159, 160, 173.      January 14, 1997;     173) 22 CCR
                               (160) 62 FR 37694,    66268.39 amended
                               July 14, 1997;        Sept. 11, 2000.
                               (173) 63 FR 51254,
                               September 24, 1998.
40 CFR 268.40 LDR checklists  (161) 62 FR 45568,    (151, 161, 167A,
 151, 161, 167A, 167C, 171,    August 28, 1997;      167C, 171, 179,
 179, 183.                     (170) 63 FR 46332     183) 22 CCR
                               August 31, 1998;      66268.40 amended
                               (171) 63 FR 47410,    July 3, 2002.
                               September 4, 1998.
40 CFR 268.40/Table           ....................  (151, 157, 167A,
 checklists 151, 157, 167A,                          167C, 171, 173 179,
 167C, 171, 173 179, 183,                            183, 189) 22 CCR
 189.                                                66268.40/Table
                                                     amended July 3,
                                                     2002.
40 CFR 268.42 LDR checklists  ....................  (151, 157, 167C) 22
 151, 157, 167C.                                     CCR 66268.42
                                                     amended Feb. 26,
                                                     2004.
40 CFR 268.44(a) LDR          (162) 62 FR 64504,    (162) California is
 checklist 162.                December 5, 1997.     not seeking to have
                                                     this provision
                                                     delegated.
40 CFR 268.44(h), (m) LDR     ....................  (162, 167B) 22 CCR
 checklists 162, 167B.                               66268.44 amended
                                                     June 4, 1999.
40 CFR 268.45 LDR checklist   ....................  (167C) 22 CCR
 167C.                                               66268.45 amended
                                                     June 4, 1999.
40 CFR 268.48(a)/Table UTS    ....................  (151, 161, 167A,
 LDR checklists 151, 161,                            167C, 171, 179,
 167A, 167C, 171, 179, 189,                          189, 190) 22 CCR
 190.                                                66268.48(a)/Table
                                                     UTS amended July 3,
                                                     2002.
40 CFR 268.49 LDR checklists  ....................  (167B, 183, 179,
 167B, 183, 179, 190.                                190) 22 CCR
                                                     66268.49 amended
                                                     July 3, 2002.
40 CFR 268, Appendices I,     ....................  (157) 22 CCR,
 II, X LDR checklist 157.                            Chapter 18,
                                                     Appendices I, II, X
                                                     [reserved] amended
                                                     June 4, 1999.
40 CFR 268, Appendix III LDR  ....................  (157, 190) 22 CCR
 checklists 157, 190.                                Chapter 18,
                                                     Appendices III
                                                     amended July 3,
                                                     2002.
40 CFR 268, Appendix VI LDR   ....................  (157) 22 CCR Chapter
 checklist 157.                                      18, Appendices VI
                                                     amended June 4,
                                                     1999.
40 CFR 268, Appendix VII/     (192B) 66 FR 27266,   (157, 167C, 192B) 22
 Table 1 LDR checklists 157,   May 16, 2001.         CCR Chapter 18,
 167C, 192B.                                         Appendix VII/Table
                                                     1 amended July 3,
                                                     2002.
40 CFR 268, Appendix VII/     ....................  (157, 167C) 22 CCR
 Table 2 and Appendix VIII                           Chapter 18,
 LDR checklists 157, 167C.                           Appendix VII/Table
                                                     2 amended June 4,
                                                     1999.
40 CFR 268, Appendix XI LDR   ....................  (151) 22 CCR Chapter
 checklist 151.                                      18, Appendix XI
                                                     amended June 4,
                                                     1999.
------------------------------------------------------------------------

G. Where are the revised state rules different from the federal rules?

    State requirements that go beyond the scope of the Federal program 
are not part of the authorized program and EPA cannot enforce them. 
Although you must comply with these requirements in accordance with 
California law, they are not RCRA requirements. We consider that the 
following State requirements, which pertain to the revisions involved 
in this tentative decision, go beyond the scope of the Federal program.
    1. The definition of ``remediation waste'' at 22 CCR. 66260.10 is 
broader in scope than the Federal definition at 40 CFR 260.10 only to 
the extent California's definition includes hazardous substances which 
are neither ``hazardous wastes'' nor ```solid wastes.''
    2. California regulation subjects CAMUs for non-RCRA hazardous 
waste to state-specific requirements under 22 CCR 66264.552.5. The 
state requirement at 22 CCR 66264.552.5 is broader in scope because the 
federal program does not consider these wastes to be hazardous. In 
addition, 22 CCR 66264.550(a) is also considered broader in scope to 
the extent that it subjects non-RCRA wastes to the state-only CAMU 
requirements.
    3. California did not adopt the Federal definitions at 40 CFR 
261.1(c)(9)-(12), 261.4(a)(13)-(14), and 261.6(a)(3)(ii) addressing 
scrap metals or the related Federal changes to 40 CFR 261.2(c)(4)/
Table. California is broader in scope to the extent that its statutory 
provisions at HS&C Sec.  25143.2(a) and (e), do not exclude these scrap 
metals from regulation.
    4. The California provisions at 22 CCR 66268.7(a)-(c) are broader 
in scope than the Federal land disposal treatment provisions at 40 CFR 
268.7(a)-(c) to the extent that the State's provisions also apply to 
non-RCRA wastes. Similarly, California's variance petition provisions 
at 22 CCR 66268.44(c) and 66268.44(h) are also broader in scope to the 
extent that they apply to non-RCRA wastes.

H. What is EPA's position on California's regulation of conditionally 
exempt small quantity generators?

    When California initially received final authorization for the base 
RCRA program on July 23, 1992, effective August 1, 1992 (57 FR 32726), 
EPA Pacific Southwest Region (Region IX) identified California's 
failure to adopt the federal exclusion for conditionally exempt small 
quantity generators (``CESQGs'') (found, generally, at 40 CFR 261.5) as 
``broader in scope'' than the federal program. (See also 40 CFR 
270.1(c)(2)(iii).) However, EPA's position regarding the absence of the 
conditional exclusion for CESQGs in a state program has changed and EPA 
now clearly regards the absence of any such exclusion as more stringent 
than the federal program, making state regulation of CESQGs federally 
enforceable when authorized. See United States v. Southern Union Co., 
643 F. Supp. 2d 201 (D.R.I. 2009). In order to harmonize our 
authorization of California's program with EPA's position with respect 
to CESQGs, EPA is hereby proposing to redesignate California's 
regulation of CESQGs as more stringent than the federal program. EPA is 
also seeking public comment on this proposed change to California's 
authorization. If EPA makes a final determination that California's 
regulation of CESQGs is more stringent than the federal program, then 
the State's regulation of such federally exempt CESQGs will be part of 
the authorized state program and will be

[[Page 60402]]

federally enforceable within the State of California. Specifically, 
this change will allow federal enforcement of State requirements 
applicable to CESQGs who are conditionally exempt under the federal 
provisions found at 40 CFR 261.5, 266.100(b)(3) and 270.1(c)(2)(iii). 
This change will not result in any new requirements on CESQGs, but will 
only mean that the more stringent State requirements for CESQGs will be 
federally enforceable.

I. Who handles permits after the authorization takes effect?

    California will issue permits for all the provisions for which it 
is authorized and will administer the permits it issues. All permits 
issued by EPA prior to California being authorized for these revisions, 
if any, will continue in force until the effective date of the State's 
issuance or denial of a State RCRA permit, or the permit otherwise 
expires or is revoked. California will administer any RCRA hazardous 
waste permits or portions of permits which EPA issued prior to the 
effective date of this authorization until such time as California has 
issued a corresponding State permit. EPA will not issue any more new 
permits or new portions of permits for provisions for which California 
is authorized after the effective date of this authorization. EPA will 
retain responsibility to issue permits needed for HSWA requirements for 
which California is not yet authorized.

J. How would authorizing California for these revisions affect Indian 
country (18 U.S.C. Section 1151) in California?

    California is not authorized to carry out its hazardous waste 
program in Indian country within the State. Indian country includes all 
lands within the exterior boundaries of an Indian reservation, any land 
held in trust by the United States for an Indian tribe whether or not 
formally designated as an Indian reservation, and any other land, 
whether within or outside of an Indian reservation, that qualifies as 
Indian country under 18 U.S.C. 1151. A list of Indian Tribes in 
California can be found on the Web at http://www.doi.gov/bureau-indian-affairs.html under Tribal Leaders Directory. Therefore, this proposed 
action would have no effect on the Indian country within the State's 
borders. EPA will continue to implement and administer the RCRA program 
in Indian country within the State.

K. What is codification and is EPA codifying California's hazardous 
waste management program as authorized in this rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
management program into the Code of Federal Regulations. We do this by 
referencing the authorized State rules in 40 CFR part 272. We reserve 
the amendment of 40 CFR part 272, subpart F for this authorization of 
California's program changes until a later date.

L. Statutory and Executive Order Reviews

    This proposed rule only authorizes hazardous waste requirements 
pursuant to RCRA 3006 and imposes no requirements other than those 
imposed by State law. Therefore, this rule complies with applicable 
executive orders and statutory provisions as follows:

1. Executive Order 12866: Regulatory Planning Review

    The Office of Management and Budget has exempted this proposed rule 
from its review under Executive Order (EO) 12866, (58 FR 51735, October 
4, 1993), and therefore this action is not subject to review by OMB.

2. Paperwork Reduction Act

    This proposed rule does not impose an information collection burden 
under the Paperwork Reduction Act.

3. Regulatory Flexibility Act

    After considering the economic impacts of this proposed rule on 
small entities under the Regulatory Flexibility Act, I certify that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities.

4. Unfunded Mandates Reform Act

    Because this proposed rule approves preexisting 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.

5. Executive Order 13132: Federalism

    EO 13132 does not apply to this proposed rule because it will not 
have federalism implications (i.e., substantial direct effects on the 
State, 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 described in EO 13132.

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    EO13175 does not apply to this proposed rule because it will not 
have tribal implications (i.e., substantial direct effects on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes). As stated 
previously, this proposed action would have no effect on the Indian 
country within the State's borders and EPA will continue to implement 
and administer the RCRA program in Indian country within the State.

7. Executive Order 13045: Protection of Children From Environmental 
Health & Safety Risks

    This proposed rule is not subject to EO 13045 because it is not 
economically significant and it is not based on health or safety risks.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed rule is not subject to EO 13211 because it is not a 
significant regulatory action as defined in EO 12866.

9. National Technology Transfer Advancement Act

    EPA approves State programs as long as they meet criteria required 
by RCRA, so it would be inconsistent with applicable law for EPA, in 
its review of a State program, to require the use of any particular 
voluntary consensus standard in place of another standard that meets 
the requirements of RCRA. Thus, Section 12(d) of the National 
Technology Transfer and Advance Act does not apply to this proposed 
rule.

10. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Because this rule addresses authorizing pre-existing State rules 
and imposes no additional requirements beyond those imposed by State 
law and there are no anticipated significant adverse human health or 
environmental effects, the rule is not subject to Executive Order 
12898.

11. Executive Order 12988

    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7,

[[Page 60403]]

1996), in issuing this proposed rule, EPA has taken the necessary steps 
to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct.

12. Executive Order 12630: Evaluation of Risk and Avoidance of 
Unanticipated Takings

    EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the proposed rule in 
accordance with the Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings issued under 
the Executive Order.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indians--lands, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements.

    Authority:  This notice 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, 6974(b).

    Dated: September 13, 2010.
Jared Blumenfeld,
Regional Administrator, Region 9.
[FR Doc. 2010-24001 Filed 9-29-10; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>