43316 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2017–0338; FRL 9967–41– 

Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; United States Virgin 

Islands; Other Solid Waste Incineration 

Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve the 

Clean Air Act (CAA) section 111(d)/129 

negative declaration for the United 

States Virgin Islands for other solid 

waste incineration units. Other solid 

waste incineration (OSWI) unit means 

either a very small municipal waste 

combustion unit or an institutional 

waste incineration unit. This negative 

declaration certifies that existing OSWI 

units subject to sections 111(d) and 129 

of the CAA do not exist within the 

jurisdiction of the United States Virgin 

Islands. The EPA is accepting the 

negative declaration in accordance with 

the requirements of the CAA. 

DATES: Comments must be received on 

or before October 16, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R02– 

OAR–2017–0338 to https://

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 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Edward J. Linky, Environmental 

Protection Agency, Air Programs 

Branch, 290 Broadway, New York, New 

York 1007–1866 at 212–637–3764 or by 

email at Linky.Edward@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this issue of the 

Federal Register, the EPA is approving 

the United States Virgin Island’s 

negative declaration submitted April 18, 

2017, as a direct final rule without prior 

proposal because the Agency views this 

as noncontroversial and anticipates no 

adverse comments to this action. 

A detailed rationale for the approval 

is set forth in the direct final rule. If no 

adverse comments are received in 

response to this action, no further 

activity is contemplated in relation to 

this action. If the EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed action. The EPA will not 

institute a second comment period on 

this action. Any parties interested in 

commenting on this action should do so 

at this time. 

For additional information, see the 

direct final rule which is located in the 

rules section of this issue of the Federal 

Register. 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Sewage sludge incinerators. 

Dated: August 18, 2017. 

Catherine R. McCabe, 

Acting Regional Administrator, Region 2. 

[FR Doc. 2017–19705 Filed 9–14–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R05–RCRA–2017–0381; FRL–9967– 

23–Region 5] 

Ohio: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Ohio has applied to EPA for 

Final Authorization of the changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has reviewed Ohio’s 

application with regards to federal 

requirements, and is proposing to 

authorize the state’s changes. 

DATES: Comments on this proposed rule 

must be received on or before October 

16, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

RCRA–2017–0381 by one of the 

following methods: 

http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

Email: westefer.gary@epa.gov. 

Mail: Gary Westefer, Ohio Regulatory 

Specialist, LR–17J, U.S. EPA, Region 5, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

Hand Delivery: Gary Westefer, LR– 

17J, U.S. EPA, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604. Such deliveries are only 

accepted during the normal business 

hours of operation; special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID Number EPA–R05–RCRA– 

2017–0381. 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 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, 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 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 or 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.epagov/epahome/dockets.htm. 

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Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Proposed Rules 43317 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some of the information is not publicly 

available; e.g., CBI or other information 

for which 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 Ohio’s 

application from 9:00 a.m. to 4:00 p.m. 

at the following addresses: U.S. EPA 

Region 5, LR–17J, 77 West Jackson 

Boulevard, Chicago, Illinois, contact: 

Gary Westefer (312) 886–7450; or Ohio 

Environmental Protection Agency, 

Lazarus Government Center, 50 West 

Town Street, Suite 700, Columbus, 

Ohio, contact: Katherine (Kit) Arthur 

(614) 644–2932. 

FOR FURTHER INFORMATION CONTACT: Gary 

Westefer, Ohio Regulatory Specialist, 

U.S. EPA Region 5, LR–17J, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–7450, email 

westefer.gary@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to State programs 

necessary? 

States which have received final 

authorization from EPA under RCRA 

Section 3006(b) of RCRA, 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 request 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 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? 

We have made a tentative decision 

that Ohio’s application to revise its 

authorized program meets all of the 

statutory and regulatory requirements 

established by RCRA. Therefore, we 

propose to grant Ohio final 

authorization to operate its hazardous 

waste program with the changes 

described in the authorization 

application. Ohio will have 

responsibility for permitting treatment, 

storage, and disposal facilities (TSDFs) 

within its borders (except in Indian 

Country) and for carrying out the 

aspects of the RCRA program described 

in its revised program 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 requirements and 

prohibitions in Ohio, including issuing 

permits, until the state is granted 

authorization to do so. 

C. What will be the effect if Ohio is 

authorized for these changes? 

If Ohio is authorized for these 

changes, a facility in Ohio 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, such facilities will have to 

comply with any applicable federal 

requirements such as, for example, 

HSWA regulations issued by the EPA 

for which the state has not received 

authorization. Ohio continues to have 

enforcement authorities and 

responsibilities under its state 

hazardous waste program for RCRA 

violations, but EPA retains its authority 

under RCRA sections 3007, 3008, 3013, 

and 7003, which include among others, 

authority to: 

1. Conduct inspections which may 

include but are not limited to requiring 

monitoring, tests, analyses and/or 

reports; 

1. Enforce RCRA requirements which 

may include but are not limited to 

suspending, terminating, modifying 

and/or revoking permits; and 

3. Take enforcement actions 

regardless of whether the state has taken 

its own actions. 

The action to approve these revisions 

will not impose additional requirements 

on the regulated community because the 

regulations for which Ohio is requesting 

authorization are already effective under 

state law, and will not be changed by 

the act of authorization. 

D. What happens if EPA receives 

adverse comments on this action? 

If EPA receives adverse comments on 

this authorization, we will address all 

public comments in a later Federal 

Register. You may not have another 

opportunity to comment. If you want to 

comment on this authorization, you 

must do so at this time. 

E. What has Ohio previously been 

authorized for? 

Ohio initially received final 

authorization on June 28, 1989, effective 

June 30, 1989 (54 FR 27170, June 28, 

1989) to implement the RCRA 

hazardous waste management program. 

Subsequently the EPA granted 

authorization for changes to the Ohio 

program effective June 7, 1991 (56 FR 

14203, April 8, 1991) as corrected June 

19, 1991, effective August 19, 1991 (56 

FR 28088); effective September 25, 1995 

(60 FR 38502. July 27, 1995); effective 

December 23, 1996 (61 FR 54950, 

October 23, 1996); effective January 24, 

2003 (68 FR 3429, January 24, 2003); 

effective January 20, 2006, (71 FR 3220, 

January 20, 2006); effective October 29, 

2007, (72 FR 61063, October 29, 2007, 

and effective March 19, 2012 (77 FR 

25966, March 19, 2012). 

F. What changes are we proposing with 

this action? 

On June 13, 2017, Ohio submitted a 

final program revision application, 

seeking authorization of changes in 

accordance with 40 CFR 271.21. We 

have determined that Ohio’s hazardous 

waste program revisions satisfy all of 

the requirements necessary to qualify 

for Final Authorization. We are now 

proposing to authorize, subject to 

receipt of written comments that oppose 

this action, Ohio’s hazardous waste 

program revision. We propose to grant 

Ohio Final Authorization for the 

following program changes: 

TABLE 1—OHIO’S ANALOGS TO THE FEDERAL REQUIREMENTS

Description of Federal requirement Federal Register date and 

page Analogous state authority 

Deferral of LDR Phase IV Standards for PCB’s 

as a Constituent Subject to Treatment in Soil 

Checklist 190.

December 26, 2000, 65 FR 

81373.

OAC 3745–270–32, 3745–270–48, 3745–270–49; Effective 

September 5, 2010. 

Zinc Fertilizers Made from Recycled Hazardous 

Secondary Materials Checklist 200.

July 24, 2002, 67 FR 48393 ... OAC 3745–51–04, 3745–266–20, 3745–270–40; Effective 

September 5, 2010. 

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43318 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Proposed Rules 

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

Description of Federal requirement Federal Register date and 

page Analogous state authority 

Land Disposal Restrictions: National Treatment 

Variance to Designate New Treatment Subcategories for Radioactively Contaminated 

Cadmium, Mercury, and Silver Containing 

Batteries: Checklist 201.

October 7, 2002, 67 FR 62617 OAC 3745–270–40; Effective September 5, 2010. 

Hazardous Waste Management System: Modification of the Hazardous Waste Program: 

Mercury Containing Equipment Checklist 209.

August 5, 2005, 70 FR 45507 OAC 3745–50–10, 3745–50–45, 3745–51–09, 3745–54–01, 

3745–65–01, 3745–270–01, 3745–273–01, 3745–273–04, 

3745–273–09, 3745–273–13, 3745–273–14, 3745–273–32, 

3745–273–33, 3745–273–34; Effective September 5, 2010. 

Resource Conservation and Recovery Act Burden Reduction Initiative Checklist 213.April 4, 2006, 71 FR 16861 .... OAC 3745–50–24, 3745–50–44, 3745–50–51, 3745–51–04, 

3745–54–16, 3745–54–52, 3745–54–56, 3745–54–73, 

3745–54–98, 3745–54–99, 3745–54–100, 3745–55–13, 

3745–55–15, 3745–55–20, 3745–55–43, 3745–55–45, 

3745–55–47, 3745–55–91, 3745–55–92, 3745–55–93, 

3745–55–95, 3745–56–51, 3745–56–80, 3745–57–43, 

3745–57–47, 3745–57–74, 3745–57–81, 3745–57–83, 

3745–57–84, 3745–65–16, 3745–65–52, 3745–65–56, 

3745–65–73, 3745–65–93, 3745–66–13, 3745–66–15, 

3745–66–20, 3745–66–43, 3745–66–45, 3745–66–47, 

3745–66–91, 3745–66–92, 3745–66–93, 3745–66–95, 

3745–66–101, 3745–67–21, 3745–67–24, 3745–67–80, 

3745–68–05, 3745–69–41, 3745–69–43, 3745–69–44, 

3745–205–101, 3745–256–101, 3745–266–102, 3745– 

266–103, 3745–270–07, 3745–270–09; Effective September 5, 2010. 

Hazardous Waste Management System: Modification of the Hazardous Waste Program: 

Cathode Ray Tubes Checklist 215.

July 28, 2006, 71 FR 42927 ... OAC 3745–50–10, 3745–51–04, 3745–51–39, 3745–51–40, 

3745–51–41; Effective September 5, 2010. 

Regulation of Oil-Bearing Hazardous Secondary Materials from the Petroleum Refining 

Industry Processed in a Gasification System 

to Produce Synthesis Gas Checklist 216.

January 2, 2008, 73 FR 57 ..... OAC 3745–50–10, 3745–51–04; Effective September 5, 

2010. 

NESHAP: National Emission Standards for 

Hazardous Air Pollutants: Standards for Hazardous Waste Combustors; Amendments 

Checklist 217.

April 8, 2008, 73 FR 18970 .... OAC 3745–57–40; Effective September 5, 2010. 

Hazardous Waste Management System: Identification and Listing of Hazardous Waste: 

Amendment to Hazardous Waste Code F 

019 Checklist 218.

June 4, 2008, 73 FR 31756 .... OAC 3745–51–31; Effective September 5, 2010. 

Standards Applicable to Generators of Hazardous Waste: Alternative Requirements for 

Hazardous Waste Determination and Accumulation of Unwanted Material at Laboratories Owned by Colleges and Universities 

and Other Eligible Academic Entities Formally Affiliated with Colleges and Universities 

Checklist 220.

December 1, 2008, 73 FR 

72991.

OAC 3745–51–05, 3745–52–10, 3745–52–200, 3745–52– 

201, 3745–52–202, 3745–52–203, 3745–52–204, 3745– 

52–205, 3745–52–206, 3745–52–207, 3745–52–208, 

3745–52–209, 3745–52–210, 3745–52–211, 3745–52–212, 

3745–52–213, 3745–52–214, 3745–52–215, 3745–52–216; 

Effective September 5, 2010. 

TABLE 2—EQUIVALENT STATE INITIATED CHANGES

State Initiated Change: Manifest Rules ............. Ohio rules amended per request of HQ memo dated 5/ 

14/2007, regarding manifest 

rule errors.

OAC 3745–54–72, 3745–65–72; Effective September 5, 

2010. 

State Initiated Change: Performance Track ...... Ohio rules amended per HQ 

memo dated 3/16/2009, that 

ended the Performance 

Track Program.

OAC 3745–50–10, 3745–50–51, 3745–52–34, 3745–52–211, 

3745–54–15, 3745–65–15, 3745–66–74, 3745–66–95, 

3745–66–101, 3745–205–101, 256–101; Effective September 5, 2010. 

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TABLE 2—EQUIVALENT STATE INITIATED CHANGES—Continued 

State Initiated Change: Hazardous Waste and 

Used Oil: Corrections to 40 CFR.

Hazardous Waste and Used 

Oil: Corrections to 40 CFR 

(Additional corrections from 

Checklist 214).

OAC 3745–50–27, 3745–51–31, 3745–51–33, 3745–54–01, 

3745–54–73, 3745–54–97, 3745–54–101, 3745–55–11, 

3745–55–40, 3745–55–51, 3745–55–93, 3745–56–21, 

3745–56–23, 3745–57–03, 3745–57–04, 3745–57–06, 

3745–57–72, 3745–57–74, 3745–57–75, 3745–65–73, 

3745–66–11, 3745–66–12, 3745–66–40, 3745–67–21, 

3745–67–24, 3745–67–28, 3745–67–55, 3745–67–59, 

3745–68–03, 3745–68–05, 3745–68–16, 3745–69–43, 

3745–69–45, 3745–205–101, 3745–256–101, 3745–266– 

109, 3745–270–04, 3745–270–07, 3745–270–42, 3745– 

270–45, 3745–273–34, 3745–279–01, 3745–279–11, 

3745–279–43, 3745–279–52; Effective September 5, 2010. 

State Initiated Changes ..................................... Ohio Rules Reviewed per 

119.032, State Initiated 

Changes (housekeeping).

3745–50–10, 3745–50–11, 3745–50–19, 3745–50–21, 3745– 

50–27, 3745–50–29, 3745–50–30, 3745–50–38, 3745–50– 

39, 3745–50–41, 3745–50–42, 3745–50–43, 3745–50–44, 

3745–50–45, 3745–50–51, 3745–50–53, 3745–50–58, 

3745–50–62, 3745–51–02, 3745–51–03, 3745–51–04, 

3745–51–05, 3745–51–06, 3745–51–23, 3745–51–31, 

3745–51–33, 3745–51–39, 3745–52–10, 3745–52–11, 

3745–52–12, 3745–52–34, 3745–52–44, 3745–54–52, 

3745–52–200, 3745–52–203, 3745–52–204, 3745–52–205, 

3745–52–206, 3745–53–11, 3745–54–01, 3745–54–03, 

3745–54–11, 3745–54–12, 3745–54–15, 3745–54–56, 

3745–54–73, 3745–54–77, 3745–54–97, 3745–54–98, 

3745–54–100, 3745–55–13, 3745–55–15, 3745–55–42, 

3745–55–43, 3745–55–45, 3745–55–47, 3745–55–51, 

3745–55–91, 3745–55–92, 3745–55–93, 3745–55–95, 

3745–55–96, 3745–55–98, 3745–56–21, 3745–56–23, 

3745–56–51, 3745–57–03, 3745–57–06, 3745–57–40, 

3745–57–43, 3745–57–72, 3745–57–74, 3745–57–75, 

3745–57–81, 3745–57–84, 3745–65–01, 3745–65–11, 

3745–65–15, 3745–65–56, 3745–65–73, 3745–65–90, 

3745–65–93, 3745–66–11, 3745–66–12, 3745–66–13, 

3745–66–15, 3745–66–42, 3745–66–43, 3745–66–44, 

3745–66–45, 3745–66–47, 3745–66–74, 3745–66–91, 

3745–66–92, 3745–66–93, 3745–66–95, 3745–66–96, 

3745–66–98, 3745–66–101, 3745–67–21, 3745–67–55, 

3745–67–59, 3745–68–03, 3745–68–05, 3745–68–10, 

3745–68–16, 3745–69–30, 3745–69–41, 3745–69–43, 

3745–69–44, 3745–69–45, 3745–205–100, 3745–205–101, 

3745–205–200, 3745–205–201, 3745–256–101, 745–256– 

200, 3745–256–201, 3745–266–20, 3745–266–80, 3745– 

266–102, 3745–266–103, 3745–266–104, 3745–266–107, 

3745–266–109, 3745–266–111, 3745–266–201, 3745– 

266–202, 3745–266–203, 3745–266–205, 745–266–210, 

3745–266–260, 3745–270–01, 3745–270–04, 3745–270– 

07, 3745–270–09, 3745–270–40, 3745–270–42, 3745– 

270–45, 3745–270–48, 3745–270–49, 3745–273–09, 

3745–273–13, 3745–273–33, 3745–273–60, 3745–279–01, 

3745–279–11, 3745–279–42, 3745–279–51, 3745–279–52, 

3745–279–62, 3745–279–73; Effective September 5, 2010. 

G. Which revised state rules are 

different from the Federal rules? 

Ohio has excluded the non-delegable 

federal requirements at 40 CFR 268.5, 

268.6, 268.42(b), 268.44, and 270.3. EPA 

will continue to implement those 

requirements. 

Only recently receiving the statutory 

authority, Ohio has not adopted the 

rules for Subparts AA, BB and CC of 40 

CFR part 264. Until Ohio is authorized 

for such rules, the federal rules at 40 

CFR part 264 subpart AA, BB and CC 

and Part 265 subpart AA, BB and CC, 

which are promulgated under HSWA, 

still apply in Ohio. On July 14, 2006, 

U.S. EPA issued a rule making several 

hundred corrections to errors that had 

appeared in the Code of Federal 

Regulations (checklist 214). Ohio broke 

these corrections into several rule 

makings. Ohio was authorized for 

several of these rule corrections on 

March 19, 2012. In addition, a number 

of the corrections had already been 

made in the state rules. This action will 

authorize several more of the 

corrections that appear in the U.S. EPA 

rulemaking of July 14, 2006. 

Broader in Scope Rules: Ohio has 

proposed additions to its Universal 

Wastes that will add Antifreeze, Aerosol 

cans and Paint Wastes that are not 

already regulated as hazardous waste. 

As such they are not regulated under the 

RCRA subtitle C program by U.S. EPA, 

though Ohio EPA plans to regulate them 

under State law if those State additions 

go into effect. 

H. Who handles permits after the final 

authorization takes effect? 

Ohio will issue permits for all the 

provisions for which it is authorized 

and will administer the permits it 

issues. EPA will continue to administer 

any RCRA hazardous waste permits or 

portions of permits which EPA issues 

prior to the effective date of the 

proposed authorization until they expire 

or are terminated. We will not issue any 

more new permits or new portions of 

permits for the provisions listed in the 

Table above after the effective date of 

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43320 Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Proposed Rules 

the authorization. EPA will continue to 

implement and issue permits for HSWA 

requirements for which Ohio is not yet 

authorized. 

I. How does this action affect Indian 

Country (18 U.S.C. 1151) in Ohio? 

Ohio is not authorized to carry out its 

hazardous waste program in ‘‘Indian 

Country,’’ as defined in 18 U.S.C. 1151. 

Indian Country includes: 

1. All lands within the exterior 

boundaries of Indian Reservations 

within or abutting the State of Ohio; 

2. Any land held in trust by the U.S. 

for an Indian tribe; and 

3. Any other land, whether on or off 

an Indian reservation that qualifies as 

Indian Country. 

Therefore, this action has no effect on 

Indian Country. EPA retains the 

authority to implement and administer 

the RCRA program on these lands. 

J. What is codification and is EPA 

codifying Ohio’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 by 

referencing the authorized state rules in 

40 CFR part 272. Ohio’s authorized 

rules, up to and including those revised 

June 7, 1991, have previously been 

codified through the incorporation-byreference effective February 4, 1992 (57 

FR 4162). We reserve the amendment of 

40 CFR part 272, subpart KK for the 

codification of Ohio’s program changes 

until a later date. 

K. 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 (see Supplementary 

Information, Section A. Why are 

Revisions to State Programs Necessary?). 

Therefore, this rule complies with 

applicable executive orders and 

statutory provisions as follows: 

1. Executive Order 18266: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulations 

and Regulatory Review 

The Office of Management and Budget 

has exempted this rule from its review 

under Executive Orders 12866 (58 FR 

51735, October 4, 1993) and Executive 

Order 13563 (76 FR 3821 January 21, 

2011). 

2. Paperwork Reduction Act 

This proposed 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.). 

3. Regulatory Flexibility Act 

This proposed rule authorizes state 

requirements for the purpose of RCRA 

3006 and imposes no additional 

requirements beyond those required by 

state law. Accordingly, I certify that this 

proposed rule 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.). 

4. Unfunded Mandates Reform Act 

Because this proposed rule approves 

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 (Pub. L. 104–4). 

5. Executive Order 13132: Federalism 

Executive Order 13132 (64 FR 43255, 

August 10, 1999) does not apply to this 

proposed rule because it will not have 

federalism implications (i.e., 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). 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 (65 FR 67249, 

November 9, 2000) 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, or 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). 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This proposed rule is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant as defined in 

Executive Order 12866 and because the 

EPA does not have reason to believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211 (66 FR 28355, 

May 22, 2001), because it is not a 

significant regulatory action as defined 

in Executive Order 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, 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 to this proposed 

rule. 

10. Executive Order 12988 

As required by Section 3 of Executive 

Order 12988 (61 FR 4729, February 7, 

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. 

11. Executive Order 12630: Evaluation 

of Risk and Avoidance of Unanticipated 

Takings 

EPA has complied with Executive 

Order 12630 (53 FR 8859, March 18, 

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. 

12. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Because this rulemaking proposes 

authorization of 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 proposed rule is not subject 

to Executive Order 12898 (59 FR 7629, 

February 16, 1994). 

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, 

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Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Proposed Rules 43321 

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, 6974(b). 

Dated: August 14, 2017. 

Robert Kaplan, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2017–19696 Filed 9–14–17; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27 

[WT Docket No. 06–150; DA 17–810] 

Service Rules for the 698–746, 747– 

762, and 777–792 MHz Bands; 

Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; correction. 

SUMMARY: The Federal Communications 

Commission is correcting a document 

that appeared in the Federal Register on 

September 7, 2017. The document listed 

incorrect dates by which interested 

parties may file comments and reply 

comments. 

DATES: This correction is applicable 

September 15, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Anna Gentry, Anna.Gentry@fcc.gov, of 

the Wireless Telecommunications 

Bureau, Mobility Division, (202) 418– 

7769. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2017–18987 appearing on page 42263 of 

the Federal Register of September 7, 

2017, the following corrections are 

made: 

Dates [Corrected] 

On page 42263, the DATES heading is 

corrected to read ‘‘Interested parties 

may file comments on or before 

September 27, 2017, and reply 

comments on or before October 10, 

2017.’’ 

Federal Communications Commission. 

Nes ̧e Guendelsberger, 

Senior Deputy Bureau Chief, Wireless 

Telecommunications Bureau. 

[FR Doc. 2017–19481 Filed 9–14–17; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Chapter V 

[Docket No. NHTSA–2017–0082] 

Automated Driving Systems: A Vision 

for Safety 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of public availability and 

request for comments. 

SUMMARY: NHTSA is releasing new 

voluntary guidance on automated 

driving systems—Automated Driving 

Systems: A Vision for Safety. The new 

voluntary guidance is based on public 

comments received on the Federal 

Automated Vehicles Policy (FAVP) 

released in September 2016. The 

purpose of this new voluntary guidance 

is to support industry innovators, States 

and other key stakeholders as they 

consider and design best practices 

relative to the testing and deployment of 

automated vehicle technologies, while 

informing and educating the public and 

improving roadway safety. NHTSA 

invites public comment on the 

voluntary guidance and additional ways 

to improve its usefulness. 

This new voluntary guidance is an 

important part of DOT’s multi-modal 

efforts to support the introduction of 

automation technologies that hold the 

promise of fulfilling NHTSA’s mission 

of reducing the number of injuries and 

fatalities on our roads. As an update to 

the FAVP this new voluntary guidance 

serves as NHTSA’s current operating 

guidance for Automated Driving 

Systems (ADSs—SAE International 

Automation Levels 3–5). NHTSA 

intends to continue to revise and refine 

the guidance periodically to reflect 

continued public input, experience, 

research, and innovation, and will 

address significant comments in 

preparing future iterations of the 

guidance. This guidance supports that 

effort. 

DATES: You should submit your 

comments early enough to ensure that 

Docket Management receives them no 

later than November 14, 2017. 

ADDRESSES: Comments should refer to 

the docket number above and be 

submitted by one of the following 

methods: 

• Federal Rulemaking Portal: Please 

submit one copy to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Please submit two copies to 

Docket Management Facility, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Please submit two 

copies to 1200 New Jersey Avenue SE., 

West Building Ground Floor, Room 

W12–140, Washington, DC, between 9 

a.m. and 5 p.m. ET, Monday through 

Friday, except Federal Holidays. 

• Instructions: For detailed 

instructions on submitting comments 

and additional information on the 

rulemaking process, see the Public 

Participation heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

• Privacy Act: Anyone is able to 

search the electronic form of all 

comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78) or at https://

www.transportation.gov/privacy. 

• Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov or to the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical issues related to the 

Voluntary Guidance: Ms. Dee Williams 

of NHTSA’s Office of Vehicle Safety 

Research at (202) 366–8537 or by email 

at av_info_nhtsa@dot.gov. 

For legal issues: Mr. Steve Wood of 

NHTSA’s Office of Chief Counsel, at 

(202) 366–2992 or by email at 

steve.wood@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The National Highway Traffic Safety 

Administration (NHTSA), under the 

U.S. Department of Transportation, was 

established by the Highway Safety Act 

of 1970, to carry out safety programs 

under the National Traffic and Motor 

Vehicle Safety Act of 1966 and the 

Highway Safety Act of 1966. NHTSA is 

responsible for reducing deaths, 

injuries, and economic losses resulting 

from motor vehicle crashes on our 

nation’s roadways. It accomplishes 

these tasks by conducting research, 

setting and enforcing safety performance 

standards for motor vehicles and motor 

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