Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations 37319 

1Memorandum from Janet G. McCabe, Acting 

Assistant Administrator, to Regional 

Administrators, Regions 1–10. February 25, 2016. 

2For the 2008 ozone NAAQS, see 75 FR 2936 

(January 19, 2010); for the 2008 lead NAAQS, see 

75 FR 71033 (November 22, 2010); for the 2010 

sulfur dioxide NAAQS, see 77 FR 46295 (August 3, 

2012); and for the 2012 fine particulate matter 

NAAQS, see 80 FR 2206 (January 15, 2015). 

Carla Oldham, Air Quality Planning 

Division, Office of Air Quality Planning 

and Standards, Mail Code C539–04, 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

3347; email address: oldham.carla@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

action include state, local and tribal 

governments that would participate in 

the initial area designation process for 

the 2015 ozone standards. 

B. Where can I get a copy of this 

document and other related 

information? 

The EPA has established a docket for 

designations for the 2015 ozone NAAQS 

under Docket ID No. EPA–HQ–OAR– 

2017–0223. 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., confidential 

business information 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 at 

the EPA Docket Center, WJC West 

Building, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the EPA 

Docket Center is (202) 566–1742. 

An electronic copy of this notice is 

also available at http://www.epa.gov/ 

ozone-designations along with other 

information related to designations for 

the 2015 ozone NAAQS. 

II. Designations Requirements 

On October 1, 2015, the EPA signed 

a notice of final rulemaking that revised 

the 8-hour primary and secondary ozone 

NAAQS (80 FR 65292; October 26, 

2015). Both standards were lowered 

from 0.075 parts per million (ppm) to a 

level of 0.070 ppm. 

After the EPA establishes or revises a 

NAAQS pursuant to CAA section 109, 

the CAA directs the EPA and the states 

to begin taking steps to ensure that those 

NAAQS are met. The first step is to 

identify areas of the country that meet 

or do not meet that NAAQS. This step 

is known as the initial area 

designations. Section 107(d)(1)(A) of the 

CAA provides that, ‘‘By such date as the 

Administrator may reasonably require, 

but not later than 1 year after 

promulgation of a new or revised 

national ambient air quality standard for 

any pollutant under section [109], the 

Governor of each State shall * * * 

submit to the Administrator a list of all 

areas (or portions thereof) in the State’’ 

that designates those areas as 

nonattainment, attainment, or 

unclassifiable. 

The CAA further provides, ‘‘Upon 

promulgation or revision of a national 

ambient air quality standard, the 

Administrator shall promulgate the 

designations of all areas (or portions 

thereof) * * * as expeditiously as 

practicable, but in no case later than 2 

years from the date of promulgation of 

the new or revised national ambient air 

quality standard. Such period may be 

extended for up to one year in the event 

the Administrator has insufficient 

information to promulgate the 

designations.’’ 42 U.S.C. 

7407(d)(1)(B)(i). 

In the EPA guidance, ‘‘Area 

Designations for the 2015 Ozone 

National Ambient Air Quality 

Standards,’’ the EPA indicated it 

expected to complete the initial area 

designations by October 1, 2017, 

consistent with the statutory 

requirement that the EPA designate 

areas no later than 2 years following 

promulgation of a revised NAAQS.1

III. Withdrawal of Extension of 

Deadline for Promulgating Designations 

for the 2015 Ozone NAAQS 

In letters sent to states on June 6, 

2017, and in a Federal Register notice 

published on June 28, 2017 (82 FR 

29246), the EPA Administrator Scott 

Pruitt announced that he was using his 

authority under section 107(d)(1)(B)(i) 

of the CAA to extend by 1 year, to 

October 1, 2018, the deadline for 

promulgating initial area designations 

for the 2015 ozone NAAQS. At that time 

(i.e., in early June), it was not clear that 

the agency would be in the position to 

complete designations for all areas for 

the 2015 ozone NAAQS in accordance 

with the 2-year statutory deadline of 

October 1, 2017. For a variety of other 

NAAQS in the past, previous EPA 

Administrators have used the authority 

under section 107(d)(1)(B)(i) to take 

additional time to complete 

designations.2 The Administrator 

decided to similarly invoke the 

extension with regard to designations 

for the 2015 ozone NAAQS. 

The EPA has continued to discuss and 

work with states concerning 

designations, and now understands that 

the information gaps that formed the 

basis of the extension may not be as 

expansive as we previously believed. 

The EPA now intends to reassess 

whether there are areas with underlying 

technical issues, whether there are state 

designation recommendations that the 

EPA intends to modify, and whether for 

any area there is insufficient 

information to promulgate the 

designation. The EPA believes this 

reevaluation will help ensure that more 

Americans are living and working in 

areas that meet national air quality 

standards. The agency believes that 

there may be areas of the United States 

for which designations could be 

promulgated in the next few months. 

Therefore, the EPA is withdrawing its 

prior announced 1-year extension of the 

deadline for promulgating initial area 

designations for the 2015 ozone 

NAAQS, and the 2-year deadline for 

promulgating designations provided in 

section 107(d)(1)(B) of the CAA applies. 

The Administrator may still determine 

that an extension of time to complete 

designations is necessary, but is not 

making such a determination at this 

time. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: August 2, 2017. 

E. Scott Pruitt, 

Administrator. 

[FR Doc. 2017–16901 Filed 8–9–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R03–RCRA–2014–0407; FRL–9965– 

87–Region 3] 

Delaware: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

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37320 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations 

ACTION: Direct final rule. 

SUMMARY: Delaware has applied to the 

United States Environmental Protection 

Agency (EPA) for final authorization of 

revisions to its hazardous waste 

program under the Resource 

Conservation and Recovery Act (RCRA). 

EPA has determined that these revisions 

satisfy all requirements needed to 

qualify for final authorization and is 

authorizing Delaware’s revisions 

through this direct final rule. In the 

‘‘Proposed Rules’’ section of this issue 

of the Federal Register, EPA is also 

publishing a separate document that 

serves as the proposal to authorize these 

revisions. EPA believes this action is not 

controversial and does not expect 

comments that oppose it. Unless EPA 

receives written comments that oppose 

this authorization during the comment 

period, the decision to authorize 

Delaware’s revisions to its hazardous 

waste program will take effect. If EPA 

receives comments that oppose this 

action, EPA will publish a document in 

the Federal Register withdrawing this 

direct final rule before it takes effect and 

the separate document in the ‘‘Proposed 

Rules’’ section of this issue of the 

Federal Register will serve as the 

proposal to authorize the revisions. 

DATES: This final authorization will 

become effective on October 10, 2017, 

unless EPA receives adverse written 

comments by September 11, 2017. If 

EPA receives any such comments, EPA 

will publish a timely withdrawal of this 

direct final rule in the Federal Register 

and inform the public that this 

authorization will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

RCRA–2014–0407, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Evelyn Sorto, U.S. EPA Region III, 

RCRA Waste Branch, Mailcode 3LC32, 

1650 Arch Street, Philadelphia, PA 

19103–2029; Phone: (215) 814–2123; 

Email: sorto.evelyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to State programs 

necessary? 

States that 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 is 

revised to become more stringent or 

broader in scope, States must revise 

their programs and apply to EPA to 

authorize the revisions. Authorization of 

revisions to State programs may be 

necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other 

revisions occur. Most commonly, States 

must revise their programs because of 

revisions to EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 266, 268, 270, 273 and 

279. 

B. What decisions has EPA made in this 

rule? 

On August 19, 2016, Delaware 

submitted a final program revision 

application (with subsequent 

corrections) seeking authorization of 

revisions to its hazardous waste 

program that correspond to certain 

Federal rules promulgated between July 

30, 2003 and July 28, 2006. EPA 

concludes that Delaware’s application to 

revise its authorized program meets all 

of the statutory and regulatory 

requirements established by RCRA, as 

set forth in RCRA section 3006(b), 42 

U.S.C. 6926(b), and 40 CFR part 271. 

Therefore, EPA grants Delaware final 

authorization to operate its hazardous 

waste program with the revisions 

described in its authorization 

application, and as outlined below in 

Section G of this document. 

Delaware has responsibility for 

permitting treatment, storage, and 

disposal facilities (TSDFs) within its 

borders and for carrying out the aspects 

of the RCRA program described in its 

application, subject to the limitations of 

the Hazardous and Solid Waste 

Amendments of 1984 (HSWA). New 

Federal requirements and prohibitions 

imposed by Federal regulations that 

EPA promulgates under the authority of 

HSWA take effect in authorized States 

before they are authorized for the 

requirements. Thus, EPA will 

implement those HSWA requirements 

and prohibitions for which Delaware 

has not been authorized, including 

issuing HSWA permits, until the State is 

granted authorization to do so. 

C. What is the effect of this 

authorization decision? 

This action serves to authorize 

revisions to Delaware’s authorized 

hazardous waste program. This action 

does not impose additional 

requirements on the regulated 

community because the regulations for 

which Delaware is being authorized by 

this action are already effective and are 

not changed by this action. Delaware 

has enforcement responsibilities under 

its state hazardous waste program for 

violations of its program, but EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Perform inspections, and require 

monitoring, tests, analyses or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• Take enforcement actions regardless 

of whether Delaware has taken its own 

actions. 

D. Why wasn’t there a proposed rule 

before this rule? 

Along with this direct final rule, EPA 

is publishing a separate document in the 

‘‘Proposed Rules’’ section of this issue 

of the Federal Register that serves as the 

proposal to authorize these State 

program revisions. EPA did not publish 

a proposal before this rule because EPA 

views this action as a routine program 

change and does not expect comments 

that oppose its approval. EPA is 

providing an opportunity for public 

comment now, as described in Section 

E of this document. 

E. What happens if EPA receives 

comments that oppose this action? 

If EPA receives comments that oppose 

this authorization, EPA will withdraw 

this direct final rule by publishing a 

document in the Federal Register before 

the rule becomes effective. EPA will 

base any further decision on the 

authorization of Delaware’s program 

revisions on the proposal mentioned in 

the previous section, after considering 

all comments received during the 

comment period. EPA will then address 

all such comments in a later final rule. 

You may not have another opportunity 

to comment. If you want to comment on 

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Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations 37321 

this authorization, you must do so at 

this time. 

If EPA receives comments that oppose 

only the authorization of a particular 

revision to the State’s hazardous waste 

program, EPA will withdraw that part of 

this rule, but the authorization of the 

program revisions that the comments do 

not oppose will become effective on the 

date specified above. The Federal 

Register withdrawal document will 

specify which part of the authorization 

will become effective, and which part is 

being withdrawn. 

F. What has Delaware previously been 

authorized for? 

Delaware initially received final 

authorization effective June 22, 1984 

(June 8, 1984; 49 FR 23837). EPA 

granted authorization for revisions to 

Delaware’s regulatory program on 

August 8, 1996, effective October 7, 

1996 (61 FR 41345); August 18, 1998, 

effective October 19, 1998 (63 FR 

44152); July 12, 2000, effective 

September 11, 2000 (65 FR 42871); 

August 8, 2002, effective August 8, 2002 

(67 FR 51478); March 4, 2004, effective 

May 3, 2004 (69 FR 10171); and October 

7, 2004, effective December 6, 2004 (69 

FR 60091). 

G. What revisions is EPA authorizing 

with this action? 

On August 19, 2016, Delaware 

submitted a final program revision 

application (with subsequent 

corrections), seeking authorization of 

additional revisions to its program in 

accordance with 40 CFR 271.21. 

Delaware’s revision application 

includes various regulations that are 

equivalent to, and no less stringent than, 

selected Federal final hazardous waste 

rules, as published in the Federal 

Register between July 30, 2003 and July 

28, 2006. 

EPA now makes a direct final rule, 

subject to receipt of written comments 

that oppose this action, that Delaware’s 

hazardous waste program revision 

application satisfies all of the 

requirements necessary to qualify for 

final authorization. Therefore, EPA 

grants Delaware final authorization for 

the following program revisions: 

1. Program Revision Changes for Federal 

Rules 

Delaware seeks authority to 

administer the Federal requirements 

that are listed in Table 1 below. This 

table lists the Delaware analogs that 

have been revised; these revisions are 

being recognized as no less stringent 

than the analogous Federal 

requirements. 

Delaware’s regulatory references are 

to Delaware’s Regulations Governing 

Hazardous Waste (DRGHW), amended 

and effective August 21, 2006, 

December 21, 2007, December 21, 2008, 

May 21, 2009, and April 21, 2016. 

Additionally, there are some minor 

corrections that were promulgated and 

became effective on or before April 21, 

2016. The statutory references are to 7 

Delaware Code annotated (1991). 

TABLE 1—DELAWARE’S ANALOGS TO THE FEDERAL REQUIREMENTS

Description of Federal requirement 

(revision checklists 1) Federal Register Delaware authority 2

RCRA Cluster XIV 

Recycled Used Oil Management 

Standards, Revision Checklist 

203.

68 FR 44659, 7/30/2003 ............... DRGHW 279.74. 

More stringent provisions: 261.5(j) and 279.10(i). 

RCRA Cluster XV 

Nonwastewaters from Dyes and 

Pigments, Revision Checklist 206.

70 FR 9138, 2/24/2005; as 

amended at 70 FR 35032, 6/16/ 

2005.

DRGHW 261.4(b)(15), 261.32, 261 Appendix VII–VIII, 268.20, 

268.40/Treatment Standards Table, 268.48/Universal Treatment 

Standards Table. 

Uniform Hazardous Waste Manifest 

Rule, Revision Checklist 207.

70 FR 10776, 6/16/2005; as 

amended at 70 FR 35034, 6/16/ 

2004.

DRGHW 260.10, 261.7(b)(1)(iii)(A)–(B), 262.20(a)(1)–(2) [April 21, 

2016], 262.21, 262.27, 262.32(b), 262.33, 262.34(m), 262.54(c) 

and (e), 262.60(c)–(e), 262/Appendix, 263.20(a), 263.20(g), 263.21, 

264.70, 264.71(a), 264.71(b)(4), 264.71(e), 264.72, 264.76, 265.70, 

265.71(a), 265.71(b)(4), 265.71(e), 265.72, 265.76. 

RCRA Cluster XVI 

Universal Waste Rule: Specific Provisions for Mercury Containing 

Equipment, Revision Checklist 

209.

70 FR 45508, 8/5/2005 ................. DRGHW 260.10, 261.9(c), 264.1(g)(11)(iii), 265.1(c)(14)(iii), 

268.1(f)(3), 122.1(c)(2)(viii)(C), 273.1(a)(3), 273.4, 273.9, 273.13(c), 

273.14(d), 273.32(b)(4)–(5), 273.33(c)–(d). 

Revision of Wastewater Treatment 

Exemptions for Hazardous Waste 

Mixtures, Revision Checklist 211.

70 FR 57769, 10/4/2005 ............... DRGHW 261.3(a)(2)(iv)(A)–(B), (D), (F)–(G). 

RCRA Cluster XVII 

Corrections to Errors in the Code of 

Federal Regulations, Revision 

Checklist 214.

71 FR 40254, 7/14/2006 ............... Part 260, Subpart B. DRGHW 260.10 [2016]. 

Part 260, Subpart C. 

DRGHW 260.22(a)(1), 260.22(d)(1)(ii), 260.40(a), 260.41 introductory 

paragraph. 

Part 261, Subpart A. 

DRGHW 261.2(c)(1)(i), 261.3(a)(2)(i), 261.4(a)(20)(v), 

261.4(b)(6)(i)(B), 261.4(b)(6)(ii) introductory paragraph, 

261.4(b)(6)(ii)(D), 261.4(b)(6)(ii)(F), 261.4(b)(9), 261.4(e)(2)(vi), 

261.4(e)(3)(i), 261.6(a)(2)(i)–(iv), [April 21, 2016], 261.6(c)(2). 

Part 261, Subpart C. 

DRGHW 261.21 [April 21, 2016], 261.24(b). 

Part 261, Subpart D. 

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37322 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations 

TABLE 1—DELAWARE’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued 

Description of Federal requirement 

(revision checklists 1) Federal Register Delaware authority 2

DRGHW 261.31(a)/Table, 261.32 Table ‘‘K107’’ and ‘‘K069’’ entries, 

261.33(e), 261.33(e)/Table [2016], 261.33(f), 261.33(f)/Table, 

261.38(c)(1)(i)(C)(4), 261/Appendix VII–VIII. 

Part 262, Subpart C. 

DRGHW 262.34(a)(1)(iv). 

Part 262, Subpart E. 

DRGHW 262.53(b), 262.56(b), 262.58(a)(1). 

Part 262, Subpart G. 

DRGHW 262.70. 

Part 262, Subpart H. 

DRGHW 262.83(b)(1)(i), 262.83(b)(2)(i), 262.84(e), 262.87(a), 

262.87(a)(5) introductory paragraph [2016]. 

Part 264, Subpart A. 

DRGHW 264.1(g)(2), 264.4. 

Part 264, Subpart B. 

DRGHW 264.13(b)(7)(iii)(B), 264.17(b) introductory paragraph, 

264.18(a)(2)(iii), 264.18(b)(2)(iii). 

Part 264, Subpart F. 

DRGHW 264.97(a)(1) introductory paragraph, 264.97(a)(1)(i), 

264.97(i)(5), 264.98(a)(2), 264.98(g)(4)(i), 264.99(h)(2) introductory 

text, 264.101(d). 

Part 264, Subpart G. 

DRGHW 264.111(c), 264.112(b)(8), 264.115, 264.116, 264.118(c), 

264.119(b)(1)(ii). 

Part 264, Subpart H. 

DRGHW 264.140(d)(1), 264.142(b)(2), 264.143(b)(7)–(8), 

264.143(e)(5), 264.145(a)(3)(i), 264.145(d)(6), 264.145(f)(11) introductory paragraph, 264.147(h)(1), 264.151(b), 264.151(f) introductory paragraph, 264.151(g) Letter from Chief Financial Officer (including fifth paragraph; item 3; Part A/Alternative I, item *3; Part B/ 

Alternative I, items 10 and 15; Part B/Alternative II, item *7), 

264.151(h)(2) (including Guarantee for Liability Coverage; Certification of Valid Claim, Recitals, item 13.(a); Recitals, item 14), 

264.151(i), item 2.(e), 264.151(j), item 2.(d), 264.151(k) (including 

Irrevocable Standby Letter of Credit and Certificate of Valid Claim), 

264.151(l), 264.151(l) Certification of Valid Claim, 264.151(m)(1) 

Certification of Valid Claim/Section 8.(c), 264.151(n)(1) Standby 

Trust Agreement/Section 3.(c)(1), 264.151(n)(1) Section 3.(e)(3) 

[April 21, 2016], 264.151(n)(1) Sections 12 and 16. 

Part 264, Subpart I. 

DRGHW 264.175(b)(1). 

Part 264, Subpart J. 

DRGHW 264.193(c)(4) Note, 264.193(d)(4), 264.193(e)(2)(ii)–(iii), 

264.193(e)(2)(v)(A)–(B), 264.193(e)(3)(i)–(ii), 264.193(g)(1)(iii)–(iv), 

264.193(g)(2)(i)(A). 

Part 264, Subpart K. 

DRGHW 264.221(c)(1)(i)(B), 264.221(c)(2)(ii), 264.221(e)(1), 

264.221(e)(2)(i)(B)–(C), 264.223(b)(1), 264.226(a)(2). 

Part 264, Subpart L. 

DRGHW 264.251(a)(2)(i)(A), 264.252, 264.259(b). 

Part 264, Subpart M. 

DRGHW 264.280(c)(7), 264.280(d) introductory paragraph, 

264.283(a). 

Part 264, Subpart N. 

DRGHW 264.301(c)(2), 264.301(e)(2)(i)(B), 264.302, 264.304(b)(1), 

264.314(e)(2), 264.317(a) introductory paragraph. 

Part 264, Subpart O. 

DRGHW 264.344(b). 

Part 264, Subpart S. 

DRGHW 264.552(e)(4)(iii), 264.552(e)(6)(iii)(E), 264.553(e) introductory paragraph, 264.554(a) introductory paragraph. 

Part 264, Subpart W. 

DRGHW 264.555(e)(6), 264.573(a)(1), 264.573(a)(4)(i), 

264.573(a)(5), 264.573(b) introductory paragraph, 264.573(m)(2)– 

(3). 

Part 264, Subpart X. 

DRGHW 264.600, 264.601(a) introductory paragraph, 264.601(b)(11), 

264.601(c)(4). 

Part 264, Subpart AA. 

DRGHW 264.1030(c), 264.1033(f)(2)(vii)(B), 264.1034(b)(2), 

264.1035(c)(4)(i)–(ii). 

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TABLE 1—DELAWARE’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued 

Description of Federal requirement 

(revision checklists 1) Federal Register Delaware authority 2

Part 264, Subpart BB. 

DRGHW 264.1050(f), 264.1058(c)(1), 264.1064(c)(3). 

Part 264, Subpart CC. 

DRGWH 264.1080(a) and (c), 264.1090(c). 

Part 264, Subpart DD. 

DRGHW 264.1101(b)(3)(iii), 264.1101(c)(3) introductory paragraph, 

264.1101(c)(3)(i), 264.1101(d) introductory paragraph, 264.1102(a), 

264/Appendix I/Table 1 and Table 2 (Section 2.(d)). 

Part 265, Subpart A. 

DRGHW 265.1(c)(4)(i), 265.1(c)(6). 

Part 265, Subpart B. 

DRGHW 265.12(a)(1), 265.14(b)(1), 265.16(b), 265.19(c)(2). 

Part 265, Subpart D. 

DRGHW 265.56(b). 

Part 265, Subpart F. 

DRGHW 265.90(e). 

Part 265, Subpart G. 

DRGHW 265.110(b)(4), 265.111(c), 265.112(b)(5), 265.112(d)(4), 

265.113(b) introductory paragraph, 265.117(b) introductory paragraph, 265.119(b)(1)(ii). 

Part 265, Subpart H. 

DRGHW 265.140(b) introductory paragraph, 265.140(b)(2), 

265.142(a), 265.145(e)(11), 265.147(a)(1)(i), 265.147(b)(1)(i)–(ii). 

Part 265, Subpart I. 

DRGHW 265.174. 

Part 265, Subpart J. 

DRGHW 265.193(e)(2)(v), 265.193(i)(2), 265.194(b)(1)–(2), 

265.197(b), 265.201(c) introductory paragraph. 

Part 265, Subpart K. 

DRGHW 265.221(a), 265.221(d)(2)(i)(A)–(B), 

265.223(b)(1)(Response Actions), 265.228(a)(2)(iii)(D), 

265.228(b)(2), 265.229(b)(2) and (b)(3). 

Part 265, Subpart L. 

DRGHW 265.255(b), 265.259(b)(1). 

Part 265, Subpart M. 

DRGHW 265.280(a)(4), 265.281(a)(1). 

Part 265, Subpart N. 

DRGHW 265.301(a), 265.301(d)(1), 265.301(d)(2)(i)(B), 265.302(b), 

265.303(b)(1), 265.312(a)(1), 265.314(f)(1)(ii), 265.314(g)(2), 

265.316 introductory paragraph, 265.316(c)–(d). 

Part 265, Subpart Q. 

DRGHW 265.405(a)(1)(i). 

Part 265, Subpart W. 

DRGHW 265.441(c), 265.443(a)(4)(i), 265.443(b) introductory paragraph, 265.445(b). 

Part 265, Subpart AA. 

DRGHW 265.1033(f)(2)(ii), 265.1035(b)(2) introductory paragraph, 

265.1035(b)(2)(i), 265.1035(c)(4)(i), 265.1063(b)(4)(ii). 

Part 265, Subpart CC. 

DRGHW 265.1080(a), 265.1085(h)(3) introductory paragraph, 

265.1087(b), 265.1090(f)(1). 

Part 265, Subpart DD. 

DRGHW 265.1100(d), 265.1101(b)(4)(i)(B), 265.1101(b)(4)(iii), 

265.1101(c)(3) introductory paragraph, 265.1101(d) introductory 

paragraph, 265 Appendix I/Tables 1 and 2, 265 Appendix V/Table, 

265 Appendix VI [2016]. 

Part 266, Subpart F. 

DRGHW 266.70(a). 

Part 266, Subpart G. 

DRGHW 266.80(a)/Table. 

Part 266, Subpart H. 

DRGHW 266.100(b)(2)(iii), 266.100(d)(3)(i)(A), 266.100(g) introductory paragraph, 266.102(a)(2)(vi), 266.102(e)(3)(i)(E), 

266.102(e)(5)(i)(C), 266.102(e)(6)(ii)(B)(2), 266.102(e)(8)(iii), 

266.103(a)(4)(vii), 266.103(b)(2)(v)(B)(2), 266.103(b)(5)(ii)(A), 

266,103(b)(6)(viii)(A), 266.103(c)(1)(i), 266.103(c)(1)(ii)(A)(2), 

266.103(c)(1)(ix) introductory paragraph, 266.103(c)(1)(ix)(A), 

266.103(c)(4)(iv)(C)(1), 266.103(g)(1)(i), 266.106(d)(1), 

266.109(a)(2)(ii), 266.109(b) introductory paragraph. 

Part 266, Subpart N. 

DRGHW Part 266 subpart N heading. 

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37324 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations 

TABLE 1—DELAWARE’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued 

Description of Federal requirement 

(revision checklists 1) Federal Register Delaware authority 2

Part 266, Appendices. 

DRGHW Part 266 Appendix III–VI, VIII, IX, and XIII. 

Part 268, Subpart A. 

DRGHW 268.2(g), 268.4(a)(3) introductory paragraph, 268.6(c)(5) introductory paragraph, 268.7(a)(1) [more stringent provision], 

268.7(a)(3)(ii), 268.7(a)(4)/Table (entry 8), 268.7(b)(3)(ii)/Table 

(entry 5), 268.7(b)(4)(ii), 268.7(c)(2) [2016], 268.7(d) introductory 

paragraph, 268.7(d)(1) introductory paragraph, 268.7(d)(1)(i)–(iii), 

268.7(d)(2)–(3). 

Part 268, Subpart B. 

DRGHW 268.14(b)–(c). 

Part 268, Subpart D. 

DRGHW 268.40(g), 268.40/Table ‘‘Treatment Standards for Hazardous Wastes,’’ 268.42/Table 1, 268.44(c), 268.45/Table 1, 

268.48/Table ‘‘Universal Treatment Standards,’’ 268.49(d). 

Part 268, Subpart E. 

DRGHW 268.50(c) and (g), Part 268 Appendix VIII. 

40 CFR 270.1(c)(1)(iii), 

270.1(c)(3)(i) introductory paragraph, 270.2.

........................................................ DRGHW 122.1(a)(2), 122.1(c)(1)(iii), 122.1(c)(3)(i) introductory paragraph, 122.2. 

40 CFR 270.10(j), 270.11(d)(1)–(2), 

270.13(k)(7), 270.14(a), 

270.14(b)(11)(ii)(B), 

270.14(b)(19)(iii), 270.14(b)(21), 

270.17(f), 270.18(b), 270.18(g), 

270.20(i)(2), 270.26(c)(15).

........................................................ DRGHW 122.10(j), 122.11(d)(1)–(2), 122.13(k)(7), 122.14(a), 

122.14(b)(11)(ii)(B), 122.14(b)(19)(iii), 122.14(b)(21), 122.17(f), 

122.18(b) and (g), 122.20(i)(2), 122.26(c)(15). 

40 CFR 270.33(b) introductory 

paragraph.

........................................................ DRGHW 122.33(b) introductory paragraph. 

40 CFR 270.41(c), 270.42(d)(2)(i), 

270.42 Appendix I.

........................................................ DRGHW 122.41(c), 122.42(d)(2)(i), 122.42 Appendix I. 

40 CFR 270.70(a) introductory 

paragraph, 270.72(b)(2).

........................................................ DRGHW 122.70(a) introductory paragraph, 122.72(b)(2). 

Part 273, Subpart A. 

DRGHW 273.9. 

Part 273, Subpart B. 

DRGHW 273.13(b) introductory paragraph, 273.14(a). 

Part 273, Subpart C. 

DRGHW 273.34(a). 

Part 279, Subpart A. 

DRGHW 279.1. 

Part 279, Subpart B. 

DRGHW 279.10(b)(2), 279.11, 279.11/Table 1. 

Part 279, Subpart E. 

DRGHW 279.43(c)(3)(i), 279.43(c)(5), 279.44(a), 279.44(c)(2), 

279.45(a). 

Part 279, Subpart F. 

DRGHW 279.52, 279.55(a) introductory paragraph, 279.55(b)(2)(i)(B) 

[2016], 279.56(a)(2), 279.57(a)(2)(ii), 279.59. 

Part 279, Subpart G. 

DRGHW 279.63(b)(3), 279.64(e). 

Part 279, Subpart H. 

DRGHW 279.70(b)(1). 

Cathode Ray Tubes Rule, Revision 

Checklist 215.

71 FR 42928, 7/28/2006 ............... DRGHW 260.10, 261.4(b)(16), 261.39, 261.40, 262.20 (Certain portions of the regulations are considered broader in scope; see discussion in Section H.1(a)). 

1A Revision Checklist is a document that addresses the specific revisions made to the Federal regulations by one or more related final rules 

published in the Federal Register. EPA develops these checklists as tools to assist States in developing their authorization applications and in 

documenting specific State analogs to the Federal regulations. For more information see EPA’s RCRA State Authorization Web page at https://

www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra. 2 Unless otherwise indicated, all Delaware citations are from the state’s 2009 regulations. Minor modifications that became effective in 2016, 

but for which the exact effective date is unknown are denoted with a ‘‘[2016]’’ following the regulatory citation. 

2. State-Initiated Changes 

Delaware’s program revision 

application includes State-initiated 

changes that are not directly related to 

any of the Revision Checklists in Table 

1. These State-initiated revisions to 

some of Delaware’s existing regulations 

are for the purposes of correcting errors 

and adding consistency or clarification 

to the existing regulations. EPA has 

evaluated the changes and has 

determined that the State’s regulations 

remain consistent with, and are no less 

stringent than, the corresponding 

Federal regulations. EPA grants 

Delaware final authorization for the 

State provisions listed in Table 2. The 

following State-initiated revisions are 

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Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations 37325 

equivalent and analogous to the 

numerically identical provisions of the 

Federal RCRA regulations found at 

relevant or applicable 40 CFR sections 

as of July 1, 2007. 

TABLE 2—EQUIVALENT STATE-INITIATED CHANGES

Federal RCRA citation (40 CFR) State citation (DRGHW) 

262.21 ....................................................................................................... 262.21. 

262.23 ....................................................................................................... 262.23. 

263.21, 264/265.72 ................................................................................... 263.21, 264/265.72. 

264/265.119, 264/265.276 ........................................................................ 264/265.119, 264/265.276. 

264.143(h), 264.145(h), 265.143(g), 265.145(g), 264.151(a) and (m) .... 264.143(h), 264.145(h), 265.143(g), 265.145(g), 264.151(a) and (m). 

264.151(a)(1) Section 8(c) ....................................................................... 264.151(a)(1) Section 8(c). 

266, Appendix IX ...................................................................................... 266, Appendix IX. 

H. Where are the revised Delaware 

rules different from the Federal rules? 

1. Delaware Requirements That Are 

Broader in Scope 

The Delaware hazardous waste 

program contains certain provisions that 

are broader in scope than the Federal 

program. These broader in scope 

provisions are not part of the program 

being authorized by this action. EPA 

cannot enforce requirements that are 

broader in scope, although compliance 

with such provisions is required by 

Delaware law. Examples of broader in 

scope provisions of Delaware’s program 

include, but are not limited to, the 

following: 

(a) DRGHW 260.10 includes the 

definition of ‘‘cathode ray tube (CRT) 

generator,’’ which is not found in the 

Federal regulations. Furthermore, the 

definition of ‘‘CRT processing’’ found at 

DRGHW 260.10, and the requirements at 

DRGHW 261.39, DRGHW 261.40, and 

DRGHW 261.4(b)(16)(i)–(iii), contain 

language regarding the management of 

cathode ray tubes as a solid waste. 

Under the Federal requirements, used 

CRTs that meet certain conditions are 

not a solid waste and would not be 

regulated. Delaware continues to 

regulate those used CRTs even if they 

meet the Federal exclusion 

requirements. As a result, Delaware’s 

regulation of these excluded CRTs goes 

beyond the scope of the Federal 

program and is not a part of the 

Federally enforceable program. 

(b) The Delaware regulations 

promulgated at DRGHW 263 Subpart E 

outline provisions for hazardous waste 

transporter permits. Because there is no 

counterpart in the Federal regulations 

that addresses hazardous waste 

transporter permits, this entire section 

(DRGHW 263 Subpart E) is broader in 

scope. Delaware has made changes to 

subparagraphs 263.102(b)(3) and (4) of 

DRGHW 263 Subpart E. These 

subparagraphs set forth conditions that 

could lead to the modification, denial, 

termination, or revocation of a 

hazardous waste transporter permit. 

There are no provisions in the Federal 

regulations that address the 

modification, denial, termination, or 

revocation of a hazardous waste 

transporter permit. As a result, these 

DRGHW provisions go beyond the scope 

of the Federal program. 

2. Delaware Requirements That Are 

More Stringent Than the Federal 

Program 

Delaware’s hazardous waste program 

contains several provisions that are 

more stringent than the RCRA program. 

The more stringent provisions are part 

of the Federally-authorized program and 

are, therefore, Federally-enforceable. 

The specific more stringent provisions 

are also noted in Table 1 and in 

Delaware’s authorization application. 

They include, but are not limited to, the 

following: 

(a) The Federal regulations at 40 CFR 

261.5(j) state that if a conditionally 

exempt small quantity generator’s 

wastes are mixed with used oil, the 

mixture is subject to the ‘‘Standards for 

the Management of Used Oil.’’ However, 

Delaware’s regulations at DRGHW 

261.5(j) state that if a conditionally 

exempt small quantity generator’s 

wastes are mixed with used oil, the 

mixture is subject to several standards 

including: the Hazardous Waste 

Management System; Identification and 

Listing of Hazardous Waste; Standards 

Applicable to Generators of Hazardous 

Waste; Standards Applicable to 

Transporters of Hazardous Waste; 

Standards for Owners and Operators of 

Hazardous Waste Treatment, Storage, 

and Disposal Facilities; Interim Status 

Standards for Owners and Operators of 

Hazardous Waste Treatment, Storage, 

and Disposal Facilities; Standards for 

the Management of Specific Types of 

Hazardous Waste; Land Disposal 

Restrictions; the Hazardous Waste 

Permit Program; and Procedures for 

Decision Making. Because Delaware 

imposes additional standards on waste 

and used oil mixtures, Delaware’s 

regulations are more stringent than the 

Federal requirements. 

(b) DRGHW 261.41 includes more 

stringent requirements, at DRGHW 

261.41(a), which are not found in 40 

CFR 261.41. Specifically, the Delaware 

provision imposes additional 

requirements on used, intact Cathode 

Ray Tubes (CRTs) exported for reuse. 

When applied to CRTs that are regulated 

by the Federal requirements, the 

provisions at DRGHW 261.41(a) are 

more stringent than the Federal 

requirements. 

(c) The Delaware regulations at 

DRGHW 262.12(d) require that a 

generator submit a ‘‘RCRA Subtitle C 

Site Identification Form’’ (EPA Form 

8700–12) whenever there is a change in 

name, mailing address, contact person, 

contact address, telephone number, 

ownership, type of regulated waste 

activity, description of regulated wastes 

managed, or if the generator 

permanently ceases the regulated waste 

activity. This notification must be 

submitted to the DNREC Secretary no 

less than 10 days prior to the 

implementation of the change(s). The 

Federal regulations at 40 CFR 262.12 do 

not require the submission of a ‘‘RCRA 

Subtitle C Site Identification Form’’ 

(EPA Form 8700–12) whenever there is 

a change in name, mailing address, 

contact person, contact address, 

telephone number, ownership, type of 

regulated waste activity, description of 

regulated wastes managed, or if the 

generator permanently ceases the 

regulated waste activity. Therefore, this 

provision of Delaware’s regulations is 

more stringent than the Federal 

requirement. 

(d) The Federal requirements in 40 

CFR 262.20 detail the procedures 

generators must follow when preparing 

a manifest. The paragraph at 40 CFR 

262.20(e) includes conditions whereby 

generators that generate more than 100 

kilograms, but less than 1000 kilograms 

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37326 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations 

in a calendar month would be exempt 

from the manifest requirements. 

Delaware’s regulations at DRGHW 

262.20 also include guidelines for the 

preparation of a manifest. However, 

paragraph 262.20(e) in the DRGHW is 

labeled as ‘‘Reserved’’. Therefore, the 

manifest exemption for generators that 

generate more than 100 kilograms, but 

less than 1000 kilograms of hazardous 

waste in a calendar month that is 

included in the CFR is excluded from 

Delaware’s regulations. Thus, Delaware 

regulations are considered to be more 

stringent. 

(e) The Federal regulations 

promulgated at 40 CFR 262.44 state that 

generators who generate more than 100 

kilograms, but less than 1000 kilograms 

of hazardous waste in a calendar month 

are subject to reporting and 

recordkeeping requirements in 40 CFR 

262.40(a), (c), and (d); 40 CFR 262.42(b); 

and 40 CFR 262.43. Delaware’s 

regulations impose additional reporting 

and recordkeeping requirements on 

these generators. Specifically, 

Delaware’s regulations at DRGHW 

262.44 call for generators who generate 

more than 100 kilograms, but less than 

1000 kilograms to follow the reporting 

and recordkeeping requirements in 

DRGHW 262.40(a), (b), (c), and (d); 

DRGHW 262.42(b); and DRGHW 262.43. 

Therefore, Delaware’s regulations are 

more stringent than the Federal 

regulations. 

(f) The Delaware regulations at 

DRGHW 265.176(b) require the owner(s) 

or operator(s) of waste treatment, 

storage, and disposal facilities to take 

precautions to prevent accidental 

ignition or reaction of ignitable or 

reactive waste. Specifically, owner(s) or 

operator(s) must implement 

preventative measures including: 

Separating and protecting ignitable or 

reactive waste from sources of ignition 

or reaction, confining smoking and open 

flame to specially designated locations 

while ignitable or reactive waste is 

being handled, and conspicuously 

placing ‘‘No smoking’’ signs wherever 

there is a hazard from ignitable or 

reactive waste. The Federal regulation 

promulgated at 40 CFR 265.176 does not 

include provisions for owner(s) or 

operator(s) of waste treatment, storage, 

and disposal facilities to prevent 

accidental ignition or reaction of 

ignitable or reactive waste. Hence, 

Delaware’s regulation is more stringent. 

(g) The Federal regulations at 40 CFR 

268.7 include testing, tracking, and 

recordkeeping requirements for 

generators, treaters, and disposal 

facilities. The provision at 40 CFR 

268.7(a)(1) states that a generator must 

determine whether its hazardous waste 

must be treated before it can be land 

disposed. It also says that generators can 

make this determination by either 

testing the waste or using knowledge of 

the waste. The provision also gives 

generators the option to send their waste 

to a RCRA-permitted hazardous waste 

facility, where the facility would have to 

test the hazardous waste. Delaware also 

has testing, tracking, and recordkeeping 

requirements for generators, treaters, 

and disposal facilities, which can be 

found at DRGHW 268.7. Delaware’s 

regulations at DRGHW 268.7(a)(1) 

require that generators determine 

whether their hazardous waste must be 

treated before it can be land disposed. 

Similar to the federal requirements, 

Delaware’s regulations state that 

generators can either test the waste or 

use knowledge of the waste to make this 

determination. However, Delaware’s 

regulations do not include a provision 

to allow generators to send their waste 

to a RCRA-permitted facility for testing. 

Therefore, Delaware’s requirements are 

more stringent than Federal 

requirements. 

(h) The Delaware regulations 

promulgated at DRGHW 279.10(i) state 

that marketers and burners of used oil 

who market used oil containing any 

quantifiable level of polychlorinated 

biphenyls (PCBs) are subject to both the 

‘‘Standards for the Management of Used 

Oil’’ set forth in DRGHW Part 279 and 

the requirements found at 40 CFR 

761.20(e). The Federal regulations at 40 

CFR 279.10(i), however, list the criteria 

whereby used oil containing PCBs may 

become subject to both the ‘‘Standards 

for the Management of Used Oil’’ and 

the requirements of 40 CFR part 761. As 

a result, under the Federal regulations, 

marketers and burners or used oil who 

market used oil containing PCBs may be 

subject to either the requirements of 40 

CFR part 279 or the requirements of 40 

CFR part 761. Because Delaware always 

requires compliance with both parts of 

the regulations, Delaware’s regulations 

are more stringent. 

(i) The Delaware regulations at 

DRGHW 279.22(b)(3) state that 

containers and aboveground tanks 

utilized to store used oil at generator 

facilities must be closed during storage, 

except when it is necessary to add or 

remove oil. The Federal regulations at 

40 CFR 279.22(b) do not require that 

containers and aboveground storage 

tanks remain closed during storage, 

thereby making Delaware’s regulations 

more stringent. 

I. Who handles permits after the 

authorization takes effect? 

After this authorization revision, 

Delaware will continue to issue permits 

covering all the provisions for which it 

is authorized and will administer all 

such permits. EPA will continue to 

administer any RCRA hazardous waste 

permits or portions of permits that it 

issued prior to the effective date of this 

authorization until the timing and 

process for effective transfer to the State 

are mutually agreed upon. Until such 

time as EPA formally transfers 

responsibility for a permit to Delaware 

and EPA terminates its permit, EPA and 

Delaware agree to coordinate the 

administration of such permit in order 

to maintain consistency. EPA will not 

issue any more new permits or new 

portions of permits for the provisions 

listed in Section G after the effective 

date of this authorization. EPA will 

continue to implement and issue 

permits for HSWA requirements for 

which Delaware is not yet authorized. 

J. How does this action affect Indian 

Country (18 U.S.C. 115) in Delaware? 

Delaware is not seeking authority to 

operate the program on Indian lands, 

since there are no Federally-recognized 

Indian Lands in Delaware. 

K. What is codification and is epa 

codifying Delaware’s hazardous waste 

program as authorized in this rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the Code 

of Federal Regulations. We do this 

action by referencing the authorized 

State rules in 40 CFR part 272. EPA 

reserves the amendment of 40 CFR part 

272, subpart I, for this authorization of 

Delaware’s program revisions until a 

later date. 

L. Administrative Requirements 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993) 

and 13563 (76 FR 3821, January 21, 

2011). Therefore, this action is not 

subject to review by OMB. This action 

authorizes State requirements pursuant 

to RCRA section 3006 and imposes no 

additional requirements beyond those 

imposed by State law. Accordingly, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this action 

authorizes pre-existing requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

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Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations 37327 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). For the same reason, 

this action also does not significantly or 

uniquely affect the communities of 

Tribal governments, as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). In any case, 

Executive Order 13175 does not apply 

to this rule since there are no Federally 

recognized tribes in Delaware. 

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 

concern environmental health or safety 

risks that may disproportionately affect 

children. This rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA section 3006(b), EPA 

grants a State’s application for 

authorization as long as the State meets 

the criteria required by RCRA. It would 

thus be inconsistent with applicable law 

for EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that satisfies the requirements 

of RCRA. Thus, the requirements of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

3701, et seq.) do not apply. As required 

by section 3 of Executive Order 12988 

(61 FR 4729, February 7, 1996), in 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. EPA 

has complied with Executive Order 

12630 (53 FR 8859, March 18, 1988) by 

examining the takings implications of 

the rule in accordance with the Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings issued under the 

executive order. This rule does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 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 rule 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, the 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. EPA will submit a 

report containing this document and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication in the Federal Register. A 

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). This 

action is effective October 10, 2017. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Water pollution control, 

Water supply. 

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: July 27, 2017. 

Cecil Rodrigues, 

Acting Regional Administrator, U.S. EPA 

Region III. 

[FR Doc. 2017–16903 Filed 8–9–17; 8:45 am] 

BILLING CODE 6560–50–P 

LEGAL SERVICES CORPORATION 

45 CFR Parts 1600, 1630, and 1631 

Definitions; Cost Standards and 

Procedures; Purchasing and Property 

Management 

AGENCY: Legal Services Corporation. 

ACTION: Final rule. 

SUMMARY: This final rule revises the 

Legal Services Corporation (LSC or 

Corporation) regulation on Definitions 

and Cost Standards and Procedures and 

creates a new part from LSC’s Property 

Acquisition and Management Manual 

(PAMM). 

DATES: This final rule is effective on 

December 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Stefanie K. Davis, Assistant General 

Counsel, Legal Services Corporation, 

3333 K Street NW., Washington, DC 

20007; (202) 295–1563 (phone), (202) 

337–6519 (fax), or sdavis@lsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The purpose of 45 CFR part 1630 is 

‘‘to provide uniform standards for 

allowability of costs and to provide a 

comprehensive, fair, timely, and flexible 

process for the resolution of questioned 

costs.’’ 45 CFR 1630.1. LSC last revised 

part 1630 in 1997, when it published a 

final rule intended to ‘‘bring the 

Corporation’s cost standards and 

procedures into conformance with 

applicable provisions of the Inspector 

General Act, the Corporation’s 

appropriations [acts], and relevant 

Office of Management and Budget 

(OMB) circulars.’’ 62 FR 68219, Dec. 31, 

1997. Although the OMB Circulars are 

not binding on LSC because LSC is not 

a federal agency, LSC adopted relevant 

provisions from the OMB Circulars 

pertaining to non-profit grants, audits, 

and cost principles into the final rule for 

part 1630. Id. at 68219–20 (citing OMB 

Circulars A–50, A–110, A–122, and A– 

133). 

LSC published the PAMM in 2001 ‘‘to 

provide recipients with a single 

complete and consolidated set of 

policies and procedures related to 

property acquisition, use and disposal.’’ 

66 FR 47688, Sept. 13, 2001. Prior to the 

PAMM’s issuance, such policies and 

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