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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations G. Where are the revised state rules different than the Federal rules?
More Stringent: When revised state rules differ from the Federal rules in the RCRA state authorization process, the EPA determines whether the state rules are equivalent to, more stringent than, or broader in scope than the Federal program. Pursuant to RCRA section 3009, 42 U.S.C. 6929, state programs may contain requirements that are more stringent than the Federal regulations.
Such more stringent requirements can be federally authorized and, once authorized, become federally enforceable. Although the statute does not prevent states from adopting regulations that are broader in scope than the Federal program, states cannot receive Federal authorization for such regulations, and they are not federally enforceable.
Since 1984, Arizonas hazardous waste rules have contained several procedural requirements that are more stringent than EPAs. These more stringent procedural requirements are authorized by Arizona Revised Statutes ARS section 49922, which in directing Arizona to adopt hazardous waste rules, prohibits only nonprocedural standards that are more stringent than EPAs. There are no State requirements in the program revisions listed in the table above that are considered to be more stringent or broader in scope than the Federal requirements.
Removed Rules: On March 1, 2019, Arizona updated its hazardous waste program rules and removed the following procedural requirements that were more stringent than the EPAs Rules:
Annual Reports: Arizona eliminated the requirement that Large Quantity Generators, Transfer, Storage and Disposal TSD Facilities, and Recyclers submit annual reports previously in AAC R188260E3; R188262H, R188264I and R188265I, ACC
R188261J.
Hazardous Waste Manifest: Arizona no longer requires hazardous waste generators, transporters and TSD
Facilities to provide a copy of all hazardous waste manifests to Arizonas Department of Environmental Quality monthly previously in AAC R188
262I and J; R188263C, R188
264J and R188265J.
Nondelegable Rules: The EPA cannot authorize states to implement certain Federal requirements associated with the Revisions to the Export Provisions of the Cathode Ray Tube CRT Rule Checklist 232, Confidentiality Determinations for Hazardous Waste
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Export and Import Documents Rule Checklist 238, and the Hazardous Waste Electronic Manifest User Fee Rule Checklist 239. Arizona has adopted these requirements and appropriately preserved the EPAs authority to implement them.
Other than the differences discussed above, Arizona incorporates by reference the remaining Federal rules listed in section F, so there are no significant differences between the remaining Federal rules and the revised State rules being authorized in this action.
H. Who handles permits after the authorization takes effect?
When final authorization takes effect, Arizona will issue permits for all the provisions for which it is authorized and will administer the permits it issues. The EPA will continue to administer any RCRA hazardous waste permits or portions of permits that the EPA issued prior to the effective date of authorization until they expire or are terminated. The EPA will not issue any new permits or new portions of permits for the provisions listed in the table above after the effective date of the final authorization. The EPA will continue to implement HSWA requirements for which Arizona is not yet authorized.
The EPA has the authority to enforce state-issued permits after the state is authorized.
I. How does this action affect Indian country 18 U.S.C. 1151 in Arizona?
Arizona is not authorized to carry out the hazardous waste program in Indian country. 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 the EPA
codifying Arizonas hazardous waste program as authorized in this authorization?
Codification is the process of placing citations and references to the states statutes and regulations that comprise the states authorized hazardous waste program into the Code of Federal Regulations. The EPA does this by adding those citations and references to the authorized state rules in 40 CFR part 272. The EPA is not codifying the authorization of Arizonas revisions at this time. However, the EPA reserves the ability to amend 40 CFR part 272, subpart L, for the authorization of Arizonas program changes at a later date.

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K. Statutory and Executive Order Reviews The Office of Management and Budget OMB has exempted this action from the requirements of Executive Order 12866 58 FR 51735, October 4, 1993
and 13563 76 FR 3821, January 21, 2011. This action authorizes state requirements for the purpose of RCRA
section 3006 and imposes no additional requirements beyond those imposed by state law. Therefore, this action is not subject to review by OMB. I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5 U.S.C. 601
et seq.. Because this action authorizes pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 2 U.S.C. 1531
1538. 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 a 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 action is not subject to Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 66 FR 28355, May 22, 2001, because it is not a significant regulatory action under Executive Order 12866.
Under RCRA section 3006b, the EPA
grants a states 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
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