sign in sign up
<<
Home , July 1

Federal Register / Vol. 86, No. 79 / Tuesday, 27, 2021 / Rules and Regulations 22121

principles and preemption requirements List of Subjects in 33 CFR Part 165 ENVIRONMENTAL PROTECTION described in Executive Order 13132. AGENCY Also, this rule does not have tribal Harbors, Marine safety, Navigation implications under Executive Order (water), Reporting and recordkeeping 40 CFR Part 271 requirements, Security measures, 13175, Consultation and Coordination [EPA–R04–RCRA–2021–0229; FRL–10021– with Indian Tribal Governments, Waterways. 97–Region 4] because it does not have a substantial For the reasons discussed in the direct effect on one or more Indian preamble, the Coast Guard amends 33 Georgia: Final Authorization of State tribes, on the relationship between the CFR 165 as follows: Hazardous Waste Management Federal Government and Indian tribes, Program Revisions or on the distribution of power and PART 165—REGULATED NAVIGATION AGENCY: Environmental Protection responsibilities between the Federal AREAS AND LIMITED ACCESS AREAS Government and Indian tribes. Agency. ACTION: Direct final rule. E. Unfunded Mandates Reform Act ■ 1. The authority citation for part 165 The Unfunded Mandates Reform Act continues to read as follows: SUMMARY: The Environmental Protection of 1995 (2 U.S.C. 1531–1538) requires Agency (EPA) is taking direct final Authority: 46 U.S.C. 70034, 70051; 33 CFR action on the authorization of Georgia’s Federal agencies to assess the effects of 1.05–1, 6.04–1, 6.04–6, and 160.5; their discretionary regulatory actions. In changes to its hazardous waste program Department of Homeland Security Delegation under the Resource Conservation and particular, the Act addresses actions No. 0170.1. that result in the expenditure by a Recovery Act (RCRA). These changes State, local, or tribal government, in the ■ 2. Add § 165.T08–0033 to read as were outlined in an application to the EPA and correspond to certain Federal aggregate, or by the private sector of follows: rules promulgated between 1, 2004, $100,000,000 (adjusted for inflation) or § 165.T08–0033 Safety Zone; Corpus and 30, 2020. We have determined more in any one year. Though this rule Christi Bay, Corpus Christi, TX. that these changes satisfy all will not result in such an expenditure, requirements needed for final we do discuss the effects of this rule (a) Location. The following area is a authorization. elsewhere in this preamble. temporary safety zone: All navigable waters of the Corpus Christi Bay within DATES: This rule is effective on , F. Environment the following defined coordinates: 2021 without further notice, unless the We have analyzed this rule under 27°49′2.78″ N, 097°23′16.1″ W; EPA receives adverse comment by May Department of Homeland Security 27°47′3.69″ N, 097°23′14.62″ W; 27, 2021. If the EPA receives adverse Directive 023–01, Rev. 1, associated 27°49′2.73″ N, 097°22′42.97″ W; comment, we will publish a timely implementing instructions, and 27°47′5.46″ N, 097°22′41.02″ W; and withdrawal in the Federal Register Environmental Planning COMDTINST back to 27°49′2.78″ N, 097°23′16.1″ W. informing the public that the rule will 5090.1 (series), which guide the Coast not take effect. (b) Effective period. This section is Guard in complying with the National ADDRESSES: Submit your comments, Environmental Policy Act of 1969 (42 effective daily from 11:30 a.m. through identified by Docket ID No. EPA–R04– U.S.C. 4321–4370f), and have 4:30 p.m. from , 2021 through RCRA–2021–0229, at https:// determined that this action is one of a , 2021. www.regulations.gov. Follow the online category of actions that do not (c) Regulations. (1) According to the instructions for submitting comments. individually or cumulatively have a general regulations in § 165.23 of this Once submitted, comments cannot be significant effect on the human part, entry into this temporary safety edited or removed from environment. This rule involves a safety zone is prohibited unless authorized by www.regulations.gov. The EPA may zone lasting five hours for four days that the Captain of the Port Sector Corpus publish any comment received to its will prohibit entry into a 2 nautical Christi (COTP) or a designated public docket. Do not submit miles by .5 nautical mile box that representative. They may be contacted electronically any information you crosses the Corpus Christi Ship on Channel 16 VHF–FM (156.8 MHz) or consider to be Confidential Business Channel. It is categorically excluded by telephone at 361–939–0450. Information (CBI) or other information whose disclosure is restricted by statute. from further review under paragraph (2) If permission is granted, all L60 of Appendix A, Table 1 of DHS Multimedia submissions (audio, video, persons and vessels shall comply with Instruction Manual 023–01–001–01, etc.) must be accompanied by a written the instructions of the COTP or Rev. 1. A Record of Environmental comment. The written comment is designated representative. Consideration supporting this considered the official comment and determination is available in the docket. (d) Information broadcasts. The COTP should include discussion of all points For instructions on locating the docket, or a designated representative will you wish to make. The EPA will see the ADDRESSES section of this inform the public of the enforcement generally not consider comments or preamble. times and date for this safety zone comment contents located outside of the through Broadcast Notices to Mariners, primary submission (i.e., on the web, G. Protest Activities Local Notices to Mariners, and/or Safety cloud, or other file sharing system). For The Coast Guard respects the First Marine Information Broadcasts as additional submission methods, the full Amendment rights of protesters. appropriate. EPA public comment policy, Protesters are asked to call or email the Dated: , 2021. information about CBI or multimedia person listed in the FOR FURTHER submissions, and general guidance on INFORMATION CONTACT section to E.J. Gaynor, making effective comments, please visit coordinate protest activities so that your Captain, U.S. Coast Guard, Captain of the http://www.epa.gov/dockets/ message can be received without Port Sector Corpus Christi. commenting-epa-dockets. jeopardizing the safety or security of [FR Doc. 2021–08738 Filed 4–26–21; 8:45 am] The EPA encourages electronic people, places or vessels. BILLING CODE 9110–04–P submittals, but if you are unable to

VerDate Sep<11>2014 15:59 Apr 26, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\27APR1.SGM 27APR1 jbell on DSKJLSW7X2PROD with RULES 22122 Federal Register / Vol. 86, No. 79 / Tuesday, , 2021 / Rules and Regulations

submit electronically or need other program. As the Federal program IV. What is the effect of this assistance, please contact Kelly Adams, changes, states must change their authorization decision? the contact listed in the FOR FURTHER programs and ask the EPA to authorize The effect of this decision is that the INFORMATION CONTACT provision below. the changes. Changes to state programs changes described in Georgia’s Please also contact Kelly Adams if you may be necessary when Federal or state authorization application will become need assistance in a language other than statutory or regulatory authority is part of the authorized State hazardous English or if you are a person with modified or when certain other changes waste program and will therefore be disabilities who needs a reasonable occur. Most commonly, states must federally enforceable. Georgia will accommodation at no cost to you. change their programs because of continue to have primary enforcement All documents in the docket are listed changes to the EPA’s regulations in 40 authority and responsibility for its State in the www.regulations.gov index. Code of Federal Regulations (CFR) parts hazardous waste program. The EPA will Publicly available docket materials are 124, 260 through 268, 270, 273, and 279. maintain its authorities under RCRA available electronically in New Federal requirements and sections 3007, 3008, 3013, and 7003, www.regulations.gov. For alternative prohibitions imposed by Federal including its authority to: access to docket materials, please regulations that the EPA promulgates • Conduct inspections, and require contact Kelly Adams, the contact listed pursuant to the Hazardous and Solid monitoring, tests, analyses, and reports; in the FOR FURTHER INFORMATION Waste Amendments of 1984 (HSWA) • Enforce RCRA requirements, CONTACT provision below. take effect in authorized states at the including authorized State program FOR FURTHER INFORMATION CONTACT: same time they take effect in requirements, and Kelly Adams; RCRA Programs and unauthorized states. Thus, the EPA will suspend or revoke permits; and Cleanup Branch; Land, Chemicals and implement those requirements and • Take enforcement actions regardless Redevelopment Division; U.S. prohibitions in Georgia, including the of whether the State has taken its own Environmental Protection Agency; issuance of new permits implementing actions. Atlanta Federal Center, 61 Forsyth those requirements, until the State is This action does not impose Street SW, Atlanta, Georgia 30303–8960; granted authorization to do so. additional requirements on the telephone number: (404) 562–8431; fax regulated community because the number: (404) 562–9964; email address: III. What decisions has the EPA made regulations for which the EPA is [email protected]. in this rule? authorizing Georgia are already effective SUPPLEMENTARY INFORMATION: under State law and are not changed by Georgia submitted a complete today’s action. I. Why is the EPA using a direct final program revision application, dated rule? 4, 2021 and supplemented on V. What has Georgia previously been authorized for? The EPA is publishing this rule 9, 2021, seeking authorization without a prior proposed rule because of changes to its hazardous waste Georgia initially received final we view this as a noncontroversial program corresponding to certain authorization on 7, 1984, action and anticipate no adverse Federal rules promulgated between July effective , 1984 (49 FR 31417), comment. This action is a routine 1, 2004 and , 2020 (including to implement the RCRA hazardous 1 2 program change. However, in the RCRA Clusters XV (Checklist 206 waste management program. The EPA ‘‘Proposed Rules’’ section of today’s only), XXIV (Checklist 235 only), and granted authorization for changes to Federal Register, we are publishing a XXVI through XXVIII). The EPA Georgia’s program on the following separate document that will serve as the concludes that Georgia’s application to dates: , 1986, effective proposed rule allowing the public an revise its authorized program meets all 18, 1986 (51 FR 24549); , 1988, opportunity to comment. We will not of the statutory and regulatory effective , 1988 (53 FR institute a second comment period on requirements established under RCRA, 28383); , 1990, effective this action. Any parties interested in as set forth in RCRA section 3006(b), 42 , 1990 (55 FR 30000); commenting must do so at this time. For U.S.C. 6926(b), and 40 CFR part 271. , 1991, effective , further information about commenting Therefore, the EPA proposes to grant 1991 (56 FR 5656); , 1992, on this rule, see the ADDRESSES section Georgia final authorization to operate its effective , 1992 (57 FR 20055); of this document. hazardous waste program with the 25, 1992, effective January If the EPA receives adverse comment, changes described in the authorization 25, 1993 (57 FR 55466); , we will publish a timely withdrawal in application, and as outlined below in 1993, effective April 27, 1993 (58 FR the Federal Register informing the Section VI of this document. 11539); , 1993, effective public that this direct final rule will not Georgia has responsibility for , 1994 (58 FR 60388); April take effect. We will address all public permitting treatment, storage, and 26, 1994, effective , 1994 (59 FR comments in a subsequent final rule and disposal facilities within its borders and 21664); , 1995, effective July 10, base any further decision on the for carrying out the aspects of the RCRA 1995 (60 FR 24790); , 1995, authorization of the State program program described in its program effective 30, 1995 (60 FR changes after considering all comments revision application, subject to the 45069); 7, 1996, effective , received during the comment period. limitations of HSWA, as discussed 1996 (61 FR 9108); September, 18, 1998, above. effective , 1998 (63 FR II. Why are revisions to state programs 49852); , 1999, effective necessary? 1 A ‘‘cluster’’ is a grouping of hazardous waste 13, 1999 (64 FR 55629); States that have received final rules that the EPA promulgates from July 1st of one , 2000, effective , authorization from the EPA under RCRA year to June 30th of the following year. 2001 (66 FR 8090); , 2002, section 3006(b), 42 U.S.C. 6926(b), must 2 A ‘‘checklist’’ is developed by the EPA for each effective , 2002 (67 FR Federal rule amending the RCRA regulations. The maintain a hazardous waste program checklists document the changes made by each 46600); , 2002, effective that is equivalent to, consistent with, Federal rule and are presented and numbered in , 2003 (67 FR 69690); , and no less stringent than the Federal chronological order by date of promulgation. 2003, effective September 16, 2003 (68

VerDate Sep<11>2014 15:59 Apr 26, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\27APR1.SGM 27APR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 79 / Tuesday, April 27, 2021 / Rules and Regulations 22123

FR 42605); , 2005, effective VI. What changes is the EPA 242. The EPA has determined, subject to , 2005 (70 FR 12973); , authorizing with this action? receipt of written comments that oppose 2006, effective , 2006 (71 FR Georgia submitted a complete this action, that Georgia’s hazardous 23864); May 2, 2013, effective July 1, program revision application, dated waste program revisions are equivalent 2013 (78 FR 25579); , 2015, , 2021 and supplemented on to, consistent with, and no less stringent effective , 2015 (80 FR 3888); , 2021, seeking authorization than the Federal program, and therefore and , 2019 (84 FR 5603). of changes to its hazardous waste satisfy all of the requirements necessary management program in accordance to qualify for final authorization. with 40 CFR 271.21. This application Therefore, the EPA grants final included changes associated with authorization to Georgia for the Checklists 206, 235, and 238 through following program changes:

Description of Federal requirement Federal Register date and page Analogous state authority 1

Checklist 206 and 206.1, Nonwastewaters from 70 FR 9138, 2/24/05; 70 FR 35032, 6/16/05 .. 391–3–11–.01(2); 391–3–11–.07(1); and 391– Dyes and Pigments. 3–11–.16. Checklist 235, Disposal of Coal Combustion 80 FR 21302, 4/17/15 ...... 391–3–11–.01(2) and 391–3–11–.07(1). Residuals from Electric Utilities. Checklist 238, Confidentiality Determinations for 82 FR 60894, 12/26/17 ...... 391–3–11–.01(2); 391–3–11–.03(4); 391–3– Hazardous Waste Export and Import Docu- 11–.07(1); and 391–3–11–.08(1). ments 2. Checklist 239, Hazardous Waste Electronic 83 FR 420, 1/3/18 ...... 391–3–11–.01(2); 391–3–11–.08(1); 391–3– Manifest User Fee Rule 3. 11–.09; and 391–3–11–.10(1)–(3). Checklist 240, Safe Management of Recalled 83 FR 61552, 11/30/18 ...... 391–3–11–.01(2); 391–3–11–.02(1); 391–3– Airbags. 11–.07(1); and 391–3–11–.08(1). Checklist 241, Management Standards for Haz- 84 FR 5816, 2/22/19 ...... 391–3–11–.01(2); 391–3–11–.07(1); 391–3– ardous Waste Pharmaceuticals and Amend- 11–.08(1); 391–3–11–.10(1)–(2); 391–3– ment to the P075 Listing for Nicotine. 11–.11(1)(a); 391–3–11–.16; 391–3–11–.18; and 391–3–11–.19. Checklist 242, Universal Waste Regulations: 84 FR 67202, 12/9/19 ...... 391–3–11–.01(2); 391–3–11–.02(1); 391–3– Addition of Aerosol Cans. 11–.07(1); 391–3–11–.10(1)–(2); 391–3– 11–.11(1)(a); 391–3–11–.16; and 391–3– 11–.18. Notes 1 The Georgia regulatory citations are from the Georgia Rules for Hazardous Waste Management, Ga. Comp. R. & Regs. r. 391–3–11, as amended through , 2020. 2 Georgia has not adopted 40 CFR 260.2(b) and is not seeking authorization for this provision. 3 Georgia has not adopted 40 CFR 260.5 and is not seeking authorization for this provision.

VII. Where are the revised State rules Determinations for Hazardous Waste IX. What is codification and is the EPA different than the Federal rules? Export and Import Documents Rule codifying Georgia’s hazardous waste (Checklist 238) and the Hazardous program as authorized in this rule? When revised state rules differ from Waste Electronic Manifest User Fee Rule the Federal rules in the RCRA state (Checklist 239). Georgia has adopted Codification is the process of placing authorization process, the EPA these requirements and appropriately citations and references to the State’s determines whether the state rules are preserved the EPA’s authority to statutes and regulations that comprise equivalent to, more stringent than, or implement them (see Ga. Comp. R. & the State’s authorized hazardous waste broader in scope than the Federal Regs. r. 391–3–11–.01(2)(c)). program into the Code of Federal program. Pursuant to RCRA section Regulations. The EPA does this by 3009, 42 U.S.C. 6929, state programs VIII. Who handles permits after the adding those citations and references to may contain requirements that are more authorization takes effect? the authorized State rules in 40 CFR stringent than the Federal regulations. When final authorization takes effect, part 272. The EPA is not codifying the Such more stringent requirements can Georgia will issue permits for all the authorization of Georgia’s revisions at be federally authorized and, once provisions for which it is authorized this time. However, the EPA reserves authorized, become federally and will administer the permits it the ability to amend 40 CFR part 272, enforceable. Although the statute does issues. The EPA will continue to subpart L, for the authorization of not prevent states from adopting administer any RCRA hazardous waste Georgia’s program changes at a later regulations that are broader in scope permits or portions of permits that the date. than the Federal program, states cannot EPA issued prior to the effective date of receive federal authorization for such X. Statutory and Executive Order authorization until they expire or are Reviews regulations, and they are not federally terminated. The EPA will not issue any enforceable. new permits or new portions of permits The Office of Management and Budget There are no State requirements in the for the provisions listed in the table (OMB) has exempted this action from program revisions listed in the table above after the effective date of the final the requirements of Executive Order above that are considered to be more authorization. The EPA will continue to 12866 (58 FR 51735, , 1993) stringent or broader in scope than the implement and issue permits for HSWA and 13563 (76 FR 3821, January 21, Federal requirements. requirements for which Georgia is not 2011). This action authorizes State The EPA cannot authorize states to yet authorized. The EPA has the requirements for the purpose of RCRA implement certain Federal requirements authority to enforce State-issued permits section 3006 and imposes no additional associated with the Confidentiality after the State is authorized. requirements beyond those imposed by

VerDate Sep<11>2014 15:59 Apr 26, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\27APR1.SGM 27APR1 jbell on DSKJLSW7X2PROD with RULES 22124 Federal Register / Vol. 86, No. 79 / Tuesday, April 27, 2021 / Rules and Regulations

State law. Therefore, this action is not the criteria required by RCRA. It would imposes no additional requirements subject to review by OMB. I certify that thus be inconsistent with applicable law beyond those imposed by State law, and this action will not have a significant for the EPA, when it reviews a state there are no anticipated significant economic impact on a substantial authorization application, to require the adverse human health or environmental number of small entities under the use of any particular voluntary effects, this rule is not subject to Regulatory Flexibility Act (5 U.S.C. 601 consensus standard in place of another Executive Order 12898. et seq.). Because this action authorizes standard that otherwise satisfies the The Congressional Review Act, 5 pre-existing requirements under State requirements of RCRA. Thus, the U.S.C. 801 et seq., as added by the Small law and does not impose any additional requirements of section 12(d) of the Business Regulatory Enforcement enforceable duty beyond that required National Technology Transfer and by State law, it does not contain any Advancement Act of 1995 (15 U.S.C. Fairness Act of 1996, generally provides unfunded mandate or significantly or 272 note) do not apply. As required by that before a rule may take effect, the uniquely affect small governments, as section 3 of Executive Order 12988 (61 agency promulgating the rule must described in the Unfunded Mandates FR 4729, , 1996), in issuing submit a rule report, which includes a Reform Act of 1995 (2 U.S.C. 1531– this rule, the EPA has taken the copy of the rule, to each House of the 1538). For the same reason, this action necessary steps to eliminate drafting Congress and to the Comptroller General also does not significantly or uniquely errors and ambiguity, minimize of the United States. The EPA will affect the communities of tribal potential litigation, and provide a clear submit a report containing this governments, as specified by Executive legal standard for affected conduct. The document and other required Order 13175 (65 FR 67249, , EPA has complied with Executive Order information to the U.S. Senate, the U.S. 2000). This action will not have 12630 (53 FR 8859, , 1988), by House of Representatives, and the substantial direct effects on the states, examining the takings implications of Comptroller General of the United on the relationship between the national this action in accordance with the States prior to publication in the government and the states, or on the ‘‘Attorney General’s Supplemental Federal Register. A major rule cannot distribution of power and Guidelines for the Evaluation of Risk take effect until 60 days after it is responsibilities among the various and Avoidance of Unanticipated published in the Federal Register. This levels of government, as specified in Takings’’ issued under the executive action is not a ‘‘major rule’’ as defined Executive Order 13132 (64 FR 43255, order. This action does not impose an by 5 U.S.C. 804(2). This final action will , 1999), because it merely information collection burden under the be effective June 28, 2021. authorizes State requirements as part of provisions of the Paperwork Reduction the State RCRA hazardous waste Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 40 CFR Part 271 program without altering the ‘‘Burden’’ is defined at 5 CFR 1320.3(b). Environmental protection, relationship or the distribution of power Executive Order 12898 (59 FR 7629, Administrative practice and procedure, and responsibilities established by , 1994), establishes Federal Confidential business information, RCRA. This action also is not subject to executive policy on environmental Hazardous waste, Hazardous waste Executive Order 13045 (62 FR 19885, justice. Its main provision directs transportation, Intergovernmental , 1997), because it is not Federal agencies, to the greatest extent economically significant and it does not practicable and permitted by law, to relations, Penalties, Reporting and make decisions based on environmental make environmental justice part of their recordkeeping requirements. health or safety risks. This action is not mission by identifying and addressing, Authority: This action is issued under the subject to Executive Order 13211, as appropriate, disproportionately high authority of sections 2002(a), 3006, and ‘‘Actions Concerning Regulations That and adverse human health or 7004(b) of the Solid Waste Disposal Act as Significantly Affect Energy Supply, environmental effects of their programs, amended, 42 U.S.C. 6912(a), 6926, and Distribution, or Use’’ (66 FR 28355, May policies, and activities on minority 6974(b). 22, 2001), because it is not a significant populations and low-income Dated: April 20, 2021. regulatory action under Executive Order populations in the United States. John Blevins, 12866. Because this action authorizes pre- Under RCRA section 3006(b), the EPA existing State rules which are at least Acting Regional Administrator, Region 4. grants a state’s application for equivalent to, and no less stringent than [FR Doc. 2021–08761 Filed 4–26–21; 8:45 am] authorization as long as the state meets existing Federal requirements, and BILLING CODE 6560–50–P

VerDate Sep<11>2014 15:59 Apr 26, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4700 Sfmt 9990 E:\FR\FM\27APR1.SGM 27APR1 jbell on DSKJLSW7X2PROD with RULES