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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations Arizonas application by contacting the Arizona Department of Environmental Quality Records Center at 602771
4380, Monday through Friday, 8:30 a.m.
to 4:30 p.m.
Instructions: Submit your comments to EPA, identified by Docket ID No.
EPAR09RCRA20210047, at https
www.regulations.gov. Follow the online instructions for submitting comments.
Once submitted, comments cannot be edited or removed from Regulations.gov.
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. 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. The https
www.regulations.gov website 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 https
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. If EPA
cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.
FOR FURTHER INFORMATION CONTACT:
Sorcha Vaughan, Vaughan.Sorcha@
epa.gov, 4159474217.
SUPPLEMENTARY INFORMATION:
A. Why is the EPA using a direct final authorization?
The EPA is publishing this authorization without a prior proposal because we view this as a noncontroversial action and anticipate no adverse comment. This action is a routine program change. However, in the Proposed Rules section of this Federal Register, we are publishing a separate document that will serve as the
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proposed rulemaking allowing the public an opportunity to comment. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this authorization, see the ADDRESSES section of this document.
If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final authorization will not take effect. We will address all public comments in a subsequent final authorization and base any further decision on the authorization of the state program changes after considering all comments received during the comment period.
B. Why are revisions to state programs necessary?
States that have received final authorization from the EPA under RCRA
section 3006b, 42 U.S.C. 6926b, 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 the 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 the EPAs regulations in 40
Code of Federal Regulations CFR parts 124, 260 through 268, 270, 273, and 279.
New Federal requirements and prohibitions imposed by Federal regulations that the EPA promulgates pursuant to the Hazardous and Solid Waste Amendments of 1984 HSWA
take effect in authorized states at the same time they take effect in unauthorized states. Thus, the EPA will implement those requirements and prohibitions in Arizona, including the issuance of new permits implementing those requirements, until the State is granted authorization to do so.
C. What decisions has the EPA made in this authorization?
Arizona submitted a complete program revision application dated June 7, 2021, seeking authorization of changes to its hazardous waste program corresponding to certain Federal rules promulgated between July 1, 2007 and June 30, 2020. The EPA concludes that Arizonas application to revise its authorized program meets all of the statutory and regulatory requirements established under RCRA, as set forth in RCRA section 3006b, 42 U.S.C.
6926b, and 40 CFR part 271. Therefore,
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the EPA proposes to grant Arizona final authorization to operate its hazardous waste program with the changes described in the authorization application, and as outlined below in section F of this document.
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 program revision application, subject to the limitations of HSWA, as discussed above.
D. What is the effect of this authorization decision?
The effect of this decision is that the changes described in Arizonas authorization application will become part of the authorized State hazardous waste program and will therefore be federally enforceable. Arizona will continue to have primary enforcement authority and responsibility for its State hazardous waste program. The EPA will maintain its authorities under RCRA
sections 3007, 3008, 3013, and 7003, including its authority to: Conduct inspections, and require monitoring, tests, analyses, and 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 the EPA is authorizing Arizona are already effective under State law and are not changed by this action.
E. What has Arizona previously been authorized for?
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, July 18, 1995 60 FR 36731 effective June 12, 1995, March 7, 1997 62 FR 10464
effective May 6, 1997, October 28, 1998
63 FR 5760557608 effective December 28, 1998, March 17, 2004 69 FR 12544
effective March 17, 2004, originally published on October 27, 2000 65 FR
64369, and December 20, 2017 82 FR
60550 effective January 20, 2018.

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