46454 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Proposed Rules 

relations, Operating permits, Reporting 

and recordkeeping requirements. 

Dated: September 25, 2017. 

Cathy Stepp, 

Acting Regional Administrator, Region 7. 

[FR Doc. 2017–21391 Filed 10–4–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R09–RCRA–2017–0523; FRL–9968– 

85–Region 9] 

Arizona: Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Arizona has applied to the 

EPA for final authorization of changes to 

its hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). These changes correspond 

to certain federal rules promulgated 

between May 26, 1998 and July 28, 2006 

(also known as RCRA Cluster VIII 

(checklist 167D) and Clusters IX through 

XVII). EPA has reviewed Arizona’s 

application with regards to federal 

requirements and is proposing to 

authorize the state’s changes. 

DATES: Comments on this proposed rule 

be received by November 6, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R09–RCRA–2017–0523 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. You may also 

view Arizona’s application by 

contacting the Arizona Department of 

Environmental Quality Records Center 

at 602–771–4380, Monday through 

Friday: 8:30 a.m. to 4:30 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Laurie Amaro, U.S. Environmental 

Protection Agency, Region 9, Land 

Division, 75 Hawthorne Street (LND–1– 

1), San Francisco, CA 94105, phone 

number: 415–972–3364, email: 

amaro.laurie@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), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the federal 

program. As the federal program 

changes, states must change their 

programs and ask 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 268, 270, 273, and 279. 

B. What decisions has EPA made in this 

rule? 

EPA concludes that Arizona’s 

application to revise its authorized 

program meets all 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 proposes to 

grant Arizona final authorization to 

operate as part of its hazardous waste 

program the changes listed below in 

Section F of this document, as further 

described in the authorization 

application. 

Arizona has responsibility for 

permitting treatment, storage, and 

disposal facilities 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). 

C. What is the effect of today’s 

authorization decision? 

The effect of this decision is that the 

changes described in Arizona’s 

authorization application will become 

part of the authorized state hazardous 

waste program, and therefore will be 

federally enforceable. Arizona will 

continue to have primary enforcement 

authority and responsibility for its state 

hazardous waste program. EPA retains 

its authorities under RCRA sections 

3007, 3008, 3013, and 7003, including 

its authority to: 

• Conduct inspections, and require 

monitoring, tests, analyses or reports; 

• Enforce RCRA requirements, 

including authorized state program 

requirements, and suspend or revoke 

permits; and 

• Take enforcement actions regardless 

of whether the state has taken its own 

actions. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which Arizona is being 

authorized by today’s action are already 

effective, and are not changed by today’s 

action. 

D. What happens if EPA receives 

comments that oppose this proposed 

action? 

EPA will consider all comments 

received during the comment period 

and address all such comments in a 

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 Arizona previously 

been authorized? 

Arizona initially received final 

authorization on November 20, 1985 to 

implement its base hazardous waste 

management program. Arizona received 

authorization for revisions to its 

program on August 6, 1991 (56 FR 

37290 effective October 7, 1991), July 

13, 1992 (57 FR 30905 effective 

September 11, 1992), November 23, 

1992 (57 FR 54932 effective January 22, 

1993), October 27, 1993 (58 FR 57745 

effective December 27, 1993), July18, 

1995 (60 FR 36731 effective June 12, 

1995), March 7, 1997 (62 FR 10464 

effective May 6, 1997), October 28, 1998 

(63 FR 57605–57608 effective December 

28, 1998), and March 17, 2004 (69 FR 

12544 effective March 17, 2004), 

originally published on October 27, 

2000 (65 FR 64369). 

F. What changes is EPA authorizing 

with today’s action? 

Arizona submitted a final complete 

program revision application to EPA 

dated July 14, 2017 seeking 

authorization of changes to its 

hazardous waste program that 

correspond to certain federal rules 

promulgated between May 26, 1998 and 

July 28, 2006 (also known as RCRA 

Cluster VIII (Checklist 167D only) and 


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Clusters IX (Checklists 169 and 173– 

180) and Clusters X through XVII). EPA 

proposes to determine, subject to receipt 

of written comments that oppose this 

action, that Arizona’s hazardous waste 

program revisions are equivalent to, 

consistent with, and no less stringent 

than the federal program, and therefore 

satisfy all the requirements necessary to 

qualify for final authorization. 

Accordingly, EPA proposes to grant 

Arizona final authorization for the 

following program changes: 

Program Revision Changes for Federal 

Rules 

Arizona adopts by reference the 

federal RCRA regulations in effect 

January 29, 2007, at Arizona 

Administrative Code (AAC) Title 18, 

Chapter 8, Article 2 (AAC R18–8–260 

through 280 effective September 30, 

2016). The federal requirements for 

which the State is being authorized are 

listed in the table below noting the 

Arizona Administrative Register (AAR) 

volume and page and the AAC 

implementing rule sections. An 

asterisks (*) after a checklist number 

indicates a rule which is optional for 

state adoption. 

STATE ANALOGUES TO THE FEDERAL PROGRAM

Description of Federal requirement and checklist No. 

(* indicates optional) 

Federal Register volume, 

page and date 

Analogous Arizona Register 

(volume/page) and administrative code 

Mineral Processing Secondary Materials Exclusion Rule. 

(Checklist 167 D *).

63 FR 28556, May 26, 1998 ... 6 AAR 3093, AAC R18–8–261(A), R18–8– 

268, July 24, 2000. 

Petroleum Refining Process Wastes Rule. (Checklist 169) ....... 63 FR 42110, August 6, 1998 6 AAR 3093, AAC R18–8–261, 266, 268, July 

24, 2000. 

Land Disposal Restrictions; Treatment Standards for Spent 

Potliners from Primary Aluminum Reduction Rule (K088). 

(Checklist 173).

63 FR 51254, September 24, 

1998.

6 AAR 3093, AAC R18–8–268, July 24, 2000. 

Post-Closure Permit Requirement and Closure Process Rule. 

(Checklist 174 *).

63 FR 56710, October 22, 

1998.

6 AAR 3093, AAC R18–8–264, 265, 270, July 

24, 2000. 

HWIR-Media Rule. (Checklist 175 *) ........................................... 63 FR 65874, November 30, 

1998.

6 AAR 3093, AAC R18–8–260, 261, 264, 265, 

268, 270(A), (T) and (U), July 24, 2000. 

Universal Waste Rule—Technical Amendments. (Checklist 

176 *).

63 FR 71225, December 24, 

1998.

6 AAR 3093, AAC R18–8–266, 273, July 24, 

2000. 

Organic Air Emission Standards: Clarification and Technical 

Amendments Rule. (Checklist 177).

64 FR 3381, January 21, 1999 6 AAR 3093, AAC R18–8–262, 264, 265, July 

24, 2000. 

Petroleum Refining Process Wastes—Leachate Exemption 

Rule. (Checklist 178 *).

64 FR 6806, February 11, 

1999.

6 AAR 3093, AAC R18–8–261, July 24, 2000. 

Land Disposal Restrictions Phase IV: Treatment Standards for 

Wood Preserving Wastes, and Treatment Standards for 

Metal Wastes, and Zinc Micronutrient Fertilizers, and Carbamate Treatment Standards, and K088 Treatment Standards 

Rule. (Checklist 179).

64 FR 25408, May 11, 1999 ... 6 AAR 3093, AAC R18–8–261, 262, 268, July 

24, 2000. 

Test Procedures for the Analysis of Oil and Grease and NonPolar Material Rule. (Checklist 180).64 FR 26315, May 14, 1999 ... 6 AAR 3093, AAC R18–8–260, July 24, 2000. 

Universal Waste Rule: Specific Provisions for Hazardous 

Waste Lamps Rule. (Checklist 181).

64 FR 36466, July 6, 1999 ..... 9 AAR 816, AAC R18–8–260, 261, 264, 265, 

268, 270, and 273, April 15, 2003. 

Hazardous Air Pollutant Standards for Hazardous Waste Combustors Rule. (Checklist 182).64 FR 52828, September 30, 

1999.

9 AAR 816, AAC R18–8–260, 261, 264, 265, 

266, and 270, April 15, 2003. 

Hazardous Air Pollutant Standards for Hazardous Waste Combustors, Technical Correction Rule. (Checklist 182.1).64 FR 63209, November 19, 

1999.

9 AAR 816, AAC R18–8–261 and 266, April 

15, 2003. 

Land Disposal Restrictions Phase IV—Technical Corrections 

Rule. (Checklist 183).

64 FR 56469, October 20, 

1999.

9 AAR 816, AAC R18–8–261, 262, and 268, 

April 15, 2003. 

Accumulation Time for Waste Water Treatment Sludges Rule. 

(Checklist 184 *).

65 FR 12378, March 8, 2000 .. 9 AAR 816, AAC R18–8–262, April 15, 2003. 

Organobromine Production Wastes Vacatur (Checklist 185 *) ... 65 FR 14472, March 17, 2000 9 AAR 816, AAC R18–8–261 and 268, April 

15, 2003. 

Amendments to Streamline the NPDES Program Regulations; 

Round Two Rule. (Checklist 186).

65 FR 30886, May 15, 2000 ... 10 AAR 4364, AAC R18–8–270 and 271, December 4, 2004. 

Petroleum Refining Process Wastes—Clarification (Checklist 

187).

65 FR 36365, June 8, 2000 .... 9 AAR 816, AAC R18–8–261 and 268, April 

15, 2003. 

Hazardous Air Pollutant Standards—Technical Corrections. 

(Checklist 188 *).

65 FR 42292, July 10, 2000. 

66 FR 24270, May 14, 

2001. 66 FR 35087, July 3, 

2001.

10 AAR, AAC 4364 R18–8–261, 264 and 270, 

December 4, 2004. 

Chlorinated Aliphatics Listing and LDRs for Newly Identified 

Wastes. (Checklist 189).

65 FR 67068, November 8, 

2000.

10 AAR, AAC 4364 R18–8–261 and 268, December 4, 2004. 

Land Disposal Restrictions Phase IV—Deferral for PCBs in 

Soil. (Checklist 190).

65 FR 81373, December 26, 

2000.

10 AAR 4364, AAC R18–8–268, December 4, 

2004. 

Mixed Waste Rule. (Checklist 191 *) .......................................... 66 FR 27218, May 16, 2001 ... 10 AAR 4364, AAC R18–8–266, December 4, 

2004. 

Mixture and Derived-From Rules Revisions. (Checklist 192 A *) 66 FR 27266, May 16, 2001 ... 10 AAR 4364, AAC R18–8–261 and 268, December 4, 2004. 

Land Disposal Restrictions Correction. (Checklist 192 B) ......... 66 FR 27266, May 16, 2001 ... 10 AAR 4364, AAC R18–8–268, December 4, 

2004. 

Change of Official EPA Mailing Address. (Checklist 193) ......... 66 FR 34374, June 28, 2001 .. 10 AAR 4364, AAC R18–8–260, 261, 265, 

December 4, 2004. 

Mixture and Derived-From Rules Revision II. (Checklist 194 *) 66 FR 50332, October 3, 2001 10 AAR 4364, AAC R18–8–261, December 4, 

2004. 


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STATE ANALOGUES TO THE FEDERAL PROGRAM—Continued 

Description of Federal requirement and checklist No. 

(* indicates optional) 

Federal Register volume, 

page and date 

Analogous Arizona Register 

(volume/page) and administrative code 

Inorganic Chemical Manufacturing Wastes Identification and 

Listing. (Checklist 195).

66 FR 58258, November 20, 

2001. 67 FR 17119, April 9, 

2002.

10 AAR 4364, AAC R18–8–261 and 268, December 4, 2004. 

CAMU Amendments. (Checklist 196 *) ....................................... 67 FR 2962, January 22, 2002 10 AAR 4364, AAC R18–8–260 and 264, December 4, 2004. 

Hazardous Air Pollutant Standards for Combustors: Interim 

Standards. (Checklist 197 *).

67 FR 67 2, February 13, 

2002.

10 AAR 4364, AAC R18–8–264, 265, 266 and 

270, December 4, 2004. 

Hazardous Air Pollutant Standards for Combustors: Corrections. (Checklist 198).67 FR 6968, February 14, 

2002.

10 AAR 4364, AAC R18–8–266 and 270, December 4, 2004. 

Vacatur of Mineral Processing Spent Materials Being Reclaimed as Solid Wastes and TCLP Use with MGP Waste. 

(Checklist 199).

67 FR 11251, March 13, 2002 10 AAR 4364, AAC R18–8–261, December 4, 

2004. 

Zinc Fertilizer Rule. (Checklist 200) ........................................... 67 FR 48393, July 24, 2002 ... 11 AAR 5523, AAC R18–8–261, 266 and 268, 

February 4, 2006. 

Treatment Variance for Radioactively Contaminated Batteries. 

(Checklist 201 *).

67 FR 62618, October 7, 2002 11 AAR 5523, AAC R18–8–268, February 4, 

2006. 

Hazardous Air Pollutant Standards for Hazardous Waste 

Combustors- Corrections 2. (Checklist 202 *).

67 FR 77687, December 19, 

2002.

11 AAR 5523, AAC R18–8–270, February 4, 

2006. 

Recycled Used Oil Management Standards; Clarification 

(§ 261.5(j) correction only) . (Checklist 203 *).

68 FR 44659, July 30, 2003 ... 11 AAR 5523, AAC R18–8–261(H), February 

4, 2006. 

Performance Track. (Checklist 204 *) ......................................... 69 FR 21737, April 22, 2004. 

69 FR 62217, October 25, 

2004.

11 AAR 5523, AAC R18–8–262, February 4, 

2006. 

NESHAP: Surface Coating of Automobiles and Light-Duty 

Trucks. (Checklist 205 *).

69 FR 22601 April 26, 2004 ... 11 AAR 5523, AAC R18–8–264 and 265, 

February 4, 2006. 

Nonwastewaters from Dyes and Pigments. (Checklist 206) ...... 70 FR 9138, February 24, 

2005. 70 FR 35032 June 

13, 2005.

12 AAR 3061, AAC R18–8–261 and 268, October 1, 2006. 

Uniform Hazardous Waste Manifest Rule. (Checklist 207) ........ 70 FR 10776, March 4, 2005. 

70 FR 35034, June 16, 

2005.

12 AAR 3061, AAC R18–8–260, 261, 262, 

263, 264 and 265, October 1, 2006. 

Methods Innovation Rule and SW–846 Final Update IIIB (partial; no clarifications incorporated by reference from 40 CFR 

279). (Checklist 208 *).

70 FR 34538, March 4, 2005. 

70 FR 44150, June 16, 

2005.

12 A.A.R 3061, AAC R18–8–260, 261, 264, 

265, 266, 268 and 270, October 1, 2006. 

Universal Waste Rule: Specific Provisions for Mercury Containing Equipment. (Checklist 209 *).70 FR 45508, August 5, 2005 12 AAR 3061, AAC R18–8–260, 261, 264, 

265, 266, 268, 270 and 273, October 1, 

2006. 

Revision of Wastewater Treatment Exemptions for Hazardous 

Waste Mixtures (‘‘Headworks exemptions’’). (Checklist 211 *).

70 FR 57769, October 4, 2005 14 AAR 409, AAC R18–8–261, March 3, 

2008. 

NESHAP: Final Standards for Hazardous Waste Combustors 

(Phase I Final Replacement Standards and Phase II). 

(Checklist 212 *).

70 FR 59402, October 12, 

2005.

14 AAR 409, AAC R18–8–260, 264, 265, 266 

and 270, March 3, 2008. 

Burden Reduction Initiative. (Checklist 213 *) ............................ 71 FR 16862, April 4, 2006 .... 14 AAR 409, AAC R18–8–260, 261, 264, 265, 

266, 268, and 270, March 3, 2008. 

Corrections to Errors in the Code of Federal Regulations (partial; no corrections incorporated from Parts 267 or 279). 

(Checklist 214).

71 FR 40254, July 14, 2006 ... 14 AAR 409, AAC R18–8–260, 261, 262, 264, 

265, 266, 267, 268, 270, 271 and 273, 

March 3, 2008. 

Cathode Ray Tubes Rule. (Checklist 215 *) ............................... 71 FR 42928, July 28, 2006 ... 14 AAR 409, AAC R18–8–260 and 261, 

March 3, 2008. 

G. Where are the revised state rules 

different from the federal rules? 

Since 1984, Arizona hazardous waste 

rules have contained several procedural 

requirements that are more stringent 

than EPA’s. These more stringent 

procedural requirements are authorized 

by Arizona Revised Statutes (ARS) 

section 49–922, which in directing 

Arizona to adopt hazardous waste rules, 

prohibits only nonprocedural standards 

that are more stringent than EPA: 

1. Hazardous Waste Manifests. 

Arizona requires hazardous waste 

generators; transporters; and treatment, 

storage, and disposal facilities (TSDFs) 

to provide a copy of all hazardous waste 

manifests to Arizona monthly. [See AAC 

R18–8–262(I) and (J); R18–8–263(C), 

R18–8–264(J) and R18–8–265(J).] 

Federal regulations governing 

distribution of copies of the manifest do 

not require manifests to be provided to 

the state. 

2. Annual Reports. Hazardous waste 

large quantity generators (LQGs) and 

TSDFs must submit reports to Arizona 

annually rather than every two years as 

the federal regulations require. [See 

AAC R18–8–260(E)(3); R18–8–262(H), 

R18–8–264(I) and R18–8–265(I).] Small 

quantity generators (SQGs) must also 

submit annual rather than biennial 

reports under R18–8–262(H). 

3. Recyclers are required to submit 

annual reports to Arizona rather than no 

reports at all. [AAC R18–8–261(J)]. 

EPA cannot delegate the federal 

requirements in 40 CFR 261.39(a)(5) and 

261.41 contained in the Cathode Ray 

Tubes Rule set forth in 71 FR 42928, 

July 28, 2006. While Arizona adopted 

these requirements by reference in 14 

AAR 409, AAC R18–8–260 and 261, 

EPA will continue to implement these 

requirements. 

EPA gave notice at 80 FR 18777 of the 

removal of the provisions at 40 CFR 

261.4(a)(16) and 40 CFR 261.38 related 

to comparable fuels due to the D.C. 

Circuit’s vacatur of the ‘‘Hazardous 


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Waste Combustors Revised Standards’’ 

Final Rule (63 FR 33782, June 19, 1998) 

in Natural Res. Def. Council v. EPA, 755 

F.3d 1010 (D.C. Cir. 2014). This rule was 

previously adopted and approved as 

part of Arizona’s authorized program, 

but in light of the vacatur, EPA no 

longer considers these provisions to be 

part of Arizona’s federally authorized 

program. 

Other than the differences discussed 

above, Arizona incorporates by 

reference the remaining federal rules 

listed in Section F; therefore, there are 

no significant differences between the 

remaining federal rules and the revised 

state rules being authorized today. 

H. Who handles permits after the 

authorization takes effect? 

Arizona will issue permits for all the 

provisions for which it is authorized 

and will administer the permits it 

issues. Section 3006(g)(1) of RCRA, 42 

U.S.C. 6926(g)(1), gives EPA the 

authority to issue or deny permits or 

parts of permits for requirements for 

which the State is not authorized. 

Therefore, whenever EPA adopts 

standards under HSWA for activities or 

wastes not currently covered by the 

authorized program, EPA may process 

RCRA permits in Arizona for the new or 

revised HSWA standards until Arizona 

has received final authorization for such 

new or revised HSWA standards. EPA 

and Arizona have agreed to a joint 

permitting process for facilities covered 

by both the authorized program and 

standards under HSWA for which the 

State is not yet authorized, and for 

handling existing EPA permits after the 

State receives authorization. 

I. How does today’s action affect Indian 

country (18 U.S.C. 1151) in Arizona? 

Arizona is not authorized to carry out 

its hazardous waste program in Indian 

country within the State, which 

includes the Cocopah Tribe of Arizona; 

Fort Mojave Indian Tribe of Arizona, 

California & Nevada; Gila River Indian 

Community of the Gila River Indian 

Reservation; Havasupai Tribe of the 

Havasupai Reservation; Hopi Tribe of 

Arizona; Hualapai Indian Tribe of the 

Hualapai Indian Reservation; Kaibab 

Band of Paiute Indians of the Kaibab 

Indian Reservation; Navajo Nation; 

Quechan Tribe of the Fort Yuma Indian 

Reservation; Salt River Pima-Maricopa 

Indian Community of the Salt River 

Reservation; San Carlos Apache Tribe of 

the San Carlos Reservation; San Juan 

Southern Paiute Tribe of Arizona; 

Tohono O’odham Nation; YavapaiApache Nation of the Camp Verde 

Indian Reservation; and the YavapaiPrescott Indian Tribe. Therefore, this 

action has no effect on Indian country. 

EPA retains jurisdiction over Indian 

country and will continue to implement 

and administer the RCRA program on 

these lands. 

J. What is codification and is EPA 

codifying Arizona’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. EPA does this by 

referencing the authorized state rules in 

40 CFR part 272. EPA is not codifying 

the authorization of Arizona’s changes 

at this time. However, EPA reserves the 

amendment of 40 CFR part 272, subpart 

D for this authorization of Arizona’s 

program changes until a later date. 

K. Administrative Requirements 

The Office of Management and Budget 

(OMB) has exempted this action (RCRA 

State authorization) from the 

requirements of Executive Order 12866 

(58 FR 51735, October 4, 1993) and 

13563 (76 FR 3821, January 21, 2011). 

This action authorizes State 

requirements for the purpose of RCRA 

3006 and imposes no additional 

requirements beyond those imposed by 

State law. Therefore, this action is not 

subject to review by OMB. This action 

is not an Executive Order 13771 (82 FR 

9339, February 3, 2017) regulatory 

action because actions such as today’s 

proposed authorization of Arizona’s 

revised hazardous waste program under 

RCRA are exempted under Executive 

Order 12866. This action will not have 

a significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

authorizes pre-existing requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(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). This action will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

authorizes State requirements as part of 

the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This 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 3006(b), the EPA grants 

a State’s application for authorization, 

as long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

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

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, the EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

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.). 

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 


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federal requirements, and impose 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. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This action 

nevertheless will be effective 60 days 

after the final approval is published in 

the Federal Register. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

amended, 42 U.S.C. 6912(a), 6926, and 

6974(b). 

Dated: September 26, 2017. 

Alexis Strauss, 

Acting Regional Administrator, Region 9. 

[FR Doc. 2017–21522 Filed 10–4–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Parts 3160 and 3170 

[17X.LLWO310000.L13100000.PP0000] 

RIN 1004–AE54 

Waste Prevention, Production Subject 

to Royalties, and Resource 

Conservation; Delay and Suspension 

of Certain Requirements 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: On November 18, 2016, the 

Bureau of Land Management (BLM) 

published in the Federal Register a final 

rule entitled, ‘‘Waste Prevention, 

Production Subject to Royalties, and 

Resource Conservation’’ (2016 final 

rule). The BLM is now proposing to 

temporarily suspend or delay certain 

requirements contained in the 2016 

final rule until January 17, 2019. The 

BLM is currently reviewing the 2016 

final rule and wants to avoid imposing 

temporary or permanent compliance 

costs on operators for requirements that 

may be rescinded or significantly 

revised in the near future. 

DATES: Send your comments on this 

proposed rule to the BLM on or before 

November 6, 2017. As explained later, 

the BLM is also requesting that the 

Office of Management and Budget 

(OMB) extend the control number 

(1004–0211) for the 24 information 

collection activities that would continue 

in this proposed rule. If you wish to 

comment on this request, please note 

that such comments should be sent 

directly to the OMB, and that the OMB 

is required to make a decision 

concerning the collection of information 

contained in this proposed rule between 

30 and 60 days after publication of this 

document in the Federal Register. 

Therefore, a comment to the OMB on 

the proposed information collection 

revisions is best assured of being given 

full consideration if the OMB receives it 

by November 6, 2017. 

ADDRESSES:

Mail: U.S. Department of the Interior, 

Director (630), Bureau of Land 

Management, Mail Stop 2134LM, 1849 

C St. NW., Washington, DC 20240, 

Attention: 1004–AE52. 

Personal or messenger delivery: U.S. 

Department of the Interior, Bureau of 

Land Management, 20 M Street SE., 

Room 2134 LM, Washington, DC 20003, 

Attention: Regulatory Affairs. 

Federal eRulemaking Portal: https://

www.regulations.gov. In the Searchbox, 

enter ‘‘RIN 1004–AE54’’ and click the 

‘‘Search’’ button. Follow the 

instructions at this Web site. Comments 

on the information collection burdens: 

Fax: Office of Management and Budget 

(OMB), Office of Information and 

Regulatory Affairs, Desk Officer for the 

Department of the Interior, fax 202–395– 

5806. 

Electronic mail: OIRA_Submission@

omb.eop.gov. Please indicate 

‘‘Attention: OMB Control Number 1004– 

0211,’’ regardless of the method used to 

submit comments on the information 

collection burdens. If you submit 

comments on the information collection 

burdens, you should provide the BLM 

with a copy, at one of the addresses 

shown earlier in this section, so that we 

can summarize all written comments 

and address them in the final rule 

preamble. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Cook, Acting Division Chief, 

Fluid Minerals Division, 202–912–7145, 

or ccook@blm.gov, for information 

regarding the substance of this proposed 

rule or information about the BLM’s 

Fluid Minerals program. For questions 

relating to regulatory process issues, 

contact Faith Bremner, Regulatory 

Analyst, at 202–912–7441, or fbremner@

blm.gov. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Relay 

Service (FRS) at 1–800–877–8339, 24 

hours a day, 7 days a week, to leave a 

message or question with the above 

individuals. You will receive a reply 

during normal business hours. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Background 

III. Discussion of the Proposed Rule 

IV. Procedural Matters 

I. Public Comment Procedures 

If you wish to comment on this 

proposed rule, you may submit your 

comments by any of the methods 

described in the ADDRESSES section. 

Please make your comments on the 

proposed rule as specific as possible, 

confine them to issues pertinent to the 

proposed rule, and explain the reason 

for any changes you recommend. Where 

possible, your comments should 

reference the specific section or 

paragraph of the proposal that you are 

addressing. The BLM is not obligated to 

consider or include in the 

Administrative Record for the final rule 

comments that we receive after the close 

of the comment period (see DATES) or 

comments delivered to an address other 

than those listed above (see ADDRESSES). 

Comments, including names and 

street addresses of respondents, will be 

available for public review at the 

address listed under ‘‘ADDRESSES: 

Personal or messenger delivery’’ during 

regular hours (7:45 a.m. to 4:15 p.m.), 

Monday through Friday, except 

holidays. Before including your address, 

telephone number, email address, or 

other personal identifying information 

in your comment, be advised that your 

entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold from public review your 

personal identifying information, we 


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