Rule2021-28333
Massachusetts: Final Authorization of State Hazardous Waste Management Program Revisions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 4, 2022
Effective
March 7, 2022
Issuing agencies
Environmental Protection Agency
Abstract
Massachusetts has applied to the United States Environmental Protection Agency (EPA) for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. The EPA has reviewed Massachusetts' application, and has determined that these revisions satisfy all requirements needed to qualify for final authorization. Therefore, we are taking direct final action to authorize the State's changes. In the "Proposed Rules" section of this issue of the Federal Register, the EPA is also publishing a separate document that serves as the proposal to authorize these revisions. Unless the EPA receives written comments that oppose this authorization during the comment period, the decision to authorize Massachusetts' revisions to its hazardous waste program will take effect.
Full Text
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<title>Federal Register, Volume 87 Issue 2 (Tuesday, January 4, 2022)</title>
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[Federal Register Volume 87, Number 2 (Tuesday, January 4, 2022)]
[Rules and Regulations]
[Pages 194-199]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28333]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R01-RCRA-2020-0175; FRL 8892-01-R1]
Massachusetts: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Massachusetts has applied to the United States Environmental
Protection Agency (EPA) for final authorization of revisions to its
hazardous waste program under the Resource Conservation and Recovery
Act (RCRA), as amended. The EPA has reviewed Massachusetts'
application, and has determined that these revisions satisfy all
requirements needed to qualify for final authorization. Therefore, we
are taking direct final action to authorize the State's changes. In the
``Proposed Rules'' section of this issue of the Federal Register, the
EPA is also publishing a separate document that serves as the proposal
to authorize these revisions. Unless the EPA receives written comments
that oppose this authorization during the comment period, the decision
to authorize Massachusetts' revisions to its hazardous waste program
will take effect.
DATES: This final authorization is effective on March 7, 2022, unless
the EPA receives adverse written comments by February 3, 2022. If the
EPA receives any such comment, the EPA will publish a timely withdrawal
of this direct final rule in the Federal Register and inform the public
that this authorization will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2020-0175, at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://www.regulations.gov">www.regulations.gov</a>. 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 <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">http://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Sara Kinslow, RCRA Waste Management,
UST, and Pesticides Section; Land, Chemicals, and Redevelopment
Division; U.S. EPA Region 1, 5 Post Office Square, Suite 100 (Mail code
07-1), Boston, MA 02109-3912; phone: 617-918-1648; email:
<a href="/cdn-cgi/l/email-protection#b5dedcdbc6d9dac29bc6d4c7d4f5d0c5d49bd2dac3"><span class="__cf_email__" data-cfemail="b5dedcdbc6d9dac29bc6d4c7d4f5d0c5d49bd2dac3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States that have received final authorization from the 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 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 EPA's 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 that they take effect in unauthorized states. Thus,
the EPA will implement those requirements and prohibitions in
Massachusetts, including the issuance of new permits implementing those
requirements, until Massachusetts is granted authorization to do so.
B. What decisions has the EPA made in this rule?
On August 13, 2021, Massachusetts submitted a complete program
revision application seeking authorization of revisions to its
hazardous waste program. The EPA concludes that Massachusetts'
application to revise its authorized program meets all of the 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, the
EPA grants final authorization to Massachusetts to operate its
hazardous waste program with the revisions described in its
authorization application, and as listed below in Section G of this
document.
The Massachusetts Department of Environmental Protection (MassDEP)
has responsibility for permitting treatment, storage, and disposal
facilities within its borders and for carrying out the aspects of the
RCRA program described in its application, subject to the limitations
of HSWA, as discussed above.
C. What is the effect of today's authorization decision?
This decision serves to authorize Massachusetts for the revisions
to its authorized hazardous waste program described in its
authorization application. These changes will become part of the
authorized State hazardous waste program and will therefore be
Federally enforceable. Massachusetts will continue to have primary
enforcement authority and responsibility for its State hazardous waste
program. The EPA would maintain its authorities under RCRA sections
3007, 3008, 3013, and 7003, including its authority to:
<bullet> Conduct inspections, and require monitoring, tests,
analyses and reports;
<bullet> Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
<bullet> Take enforcement actions regardless of whether the State
has taken its own actions.
This action will not impose additional requirements on the
regulated community because the regulations for which the EPA is
authorizing Massachusetts are already effective under state law and are
not changed by today's action.
[[Page 195]]
D. Why wasn't there a proposed rule before today's rule?
Along with this direct final rule, the EPA is publishing a separate
document in the ``Proposed Rules'' section of today's Federal Register
that serves as the proposal to authorize Massachusetts' program
revisions. The EPA did not publish a proposal before today's rule
because the EPA views this as a routine program change and does not
expect comments that oppose this approval. The EPA is providing an
opportunity for public comment now, as described in Section E of this
document.
E. What happens if the EPA receives comments that oppose this action?
If the EPA receives comments that oppose this authorization, the
EPA will withdraw today's direct final rule by publishing a document in
the Federal Register before the rule becomes effective. The EPA will
base any further decision on the authorization of Massachusetts'
program revisions on the proposal mentioned in the previous section,
after considering all comments received during the comment period. The
EPA will then address all such comments in a later 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.
If the EPA receives comments that oppose only the authorization of
a particular revision to Massachusetts' hazardous waste program, the
EPA will withdraw that part of this rule, but the authorization of the
program revisions that the comments do not oppose will become effective
on the date specified above. The Federal Register withdrawal document
will specify which part of the authorization will become effective, and
which part is being withdrawn.
F. What has Massachusetts previously been authorized for?
The Commonwealth of Massachusetts initially received final
authorization effective February 7, 1985 (50 FR 3344, January 24, 1985)
to implement its base hazardous waste management program. The EPA
granted authorization for revisions to Massachusetts' regulatory
program on the following dates: September 30, 1998, effective November
30, 1998 (63 FR 52180); October 12, 1999, effective immediately (64 FR
55153); March 12, 2004, effective immediately (69 FR 11801); January
31, 2008, effective March 31, 2008 (73 FR 5753); and June 23, 2010,
effective August 23, 2010 (75 FR 35660). Additionally, on November 15,
2000, the EPA granted interim authorization for Massachusetts to
regulate Cathode Ray Tubes under the Toxicity Characteristics rule
through January 1, 2003, effective immediately (65 FR 68915). This
interim authorization was subsequently extended to run through January
1, 2006 (67 FR 66338, October 31, 2002) which was then further extended
until January 1, 2011 (70 FR 69900, November 18, 2005).
G. What revisions is the EPA proposing with this proposed action?
1. State-Initiated Revisions
On August 13, 2021, Massachusetts submitted a final complete
program revision application, seeking authorization of additional
revisions to its program in accordance with 40 CFR 271.21.
Massachusetts seeks authority to administer the Federal requirements
that are listed in Table 1 below, including certain waste listings that
were promulgated under HSWA authority. This table lists Massachusetts'
analogous requirements that are being recognized as no less stringent
than the analogous Federal requirements.
Massachusetts' regulatory references are to Title 310 of Code of
Massachusetts Regulations (CMR), Chapter 30, as amended effective
November 15, 2019. Massachusetts' statutory authority for its hazardous
waste program is based on the Massachusetts Hazardous Waste Management
Act of 1979 (Massachusetts General Laws Chapter 21C).
The EPA proposes to determine, subject to public review and
comment, that Massachusetts' hazardous waste program revisions are
equivalent to, consistent with, and no less stringent than the Federal
program, and therefore satisfy all of the requirements necessary to
qualify for final authorization. Therefore, the EPA is proposing to
authorize Massachusetts for the following program revisions:
Table 1--Massachusetts' Analogs to the Federal Requirements
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Federal Register Analogous State
Federal requirement page and date authority
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Checklist (CL) 82: Wood 55 FR 50450; Title 310 Code of
Preserving Listings. December 6, 1990. Massachusetts
Regulations (310
CMR) 30.131, 30.160,
30.162, and
30.099(6)(n).
(More stringent
provisions: 30.010
and 30.200).
CL 92: Wood Preserving 56 FR 30192; July 310 CMR 30.099(6)(n).
Listings; Technical 1, 1991. (More stringent
Corrections. provisions: 30.010
and 30.200).
CL 110: Coke By-Product 57 FR 37284; 310 CMR 30.132 and
Listings. August 18, 1992. 30.160.
(More stringent
provisions:
30.104(2)(b) and
30.200).
CL 120: Wood Preserving; 57 FR 61492; 310 CMR 30.131 and
Amendments to Listings and December 24, 30.099(6)(n).
Technical Requirements. 1992. (More stringent
provisions: 30.010).
CL 140: Carbamate Production 60 FR 7824; 310 CMR 30.132,
Listings. February 9, 1995 30.133, 30.136,
as amended April 30.160, and 30.162.
17, 1995 (60 FR (More stringent
19165) and May provisions:
12, 1995 (60 FR 30.102(2)(c)2 and
25619). 30.102(2)(d)).
CL 169: Petroleum Refining 63 FR 42110; 310 CMR
Process Listings. August 6, 1998, 30.102(2)(c)2.b.ii,
as amended 30.131, 30.132, and
October 9, 1998 30.160.
(63 FR 54356). (More stringent
provisions:
30.102(2)(d),
30.200, and 30.250).
CL 189: Chlorinated Aliphatics 65 FR 67067; 310 CMR 30.132 and
Production Listings. November 8, 2000. 30.160.
CL 195: Inorganic Chemical 66 FR 58257; 310 CMR 30.132 and
Manufacturing Listings. November 20, 30.160.
2001, as amended (More stringent
April 9, 2002 provisions:
(67 FR 17119). 30.102(2)(d)).
CL 209: Universal Waste Rule; 70 FR 45508; 310 CMR 30.010,
Provisions for Mercury August 5, 2005. 30.099(1),
Containing Equipment. 30.143(2),
30.501(2),
30.750(3)(d),
30.801(14),
30.1001(1), 30.1010,
30.1020(3) and (4),
30.1034(3) and (4),
30.1043(2), and
30.1044(3) and (4).
CL 215: Cathode Ray Tube 71 FR 42927; July 310 CMR 30.010,
Exclusion. 28, 2006. 30.104(3)(h), and
30.202(5)(g).
(More stringent
provisions:
30.104(3)(h)1.a and
30.104(3)(h)2.b.iii)
.
[[Page 196]]
CL 220: Academic Laboratories 73 FR 72911; 310 CMR 30.010,
Generator Standards. December 1, 2008. 30.351(2)(b), and
30.354.
(More stringent
provisions:
30.354(3)(d) and
(e), 30.354(6)(a)1.d
and e, 30.354(9),
and 30.354(10)(d)).
CL 226: Corrections to the 75 FR 79304; 310 CMR 30.010 and
Academic Laboratories December 20, 30.354.
Generator Standards. 2010.
CL 229: Conditional Exclusions 78 FR 46447; July 310 CMR 30.010 and
for Solvent Contaminated 31, 2013. 30.104(3).
Wipes.
CL 232: Revisions to the 79 FR 36220; June 310 CMR 30.010,
Export Provisions of the 26, 2014. 30.104(3)(h), and
Cathode Ray Tube Rule. 30.202(5)(g).
------------------------------------------------------------------------
Massachusetts has already received authorization for some of the
checklists in Table 1 to the extent that they contain provisions
related to the Land Disposal Restrictions (LDR) program. Regulated
entities in Massachusetts that generate these HSWA wastes must comply
with the State LDR requirements for these wastes.
2. EPA-Initiated Revisions
The EPA is also clarifying, subject to public review and comment,
the scope of Massachusetts' authorized program by explicitly
identifying rule checklists which pertain to provisions that have long
been part of Massachusetts' authorized program, but which were
inadvertently omitted from past authorizations. These checklists
include:
<bullet> CL 2: Permit Rules: Settlement Agreement (48 FR 39611,
September 1, 1983);
<bullet> CL 6: Permit Rules: Settlement Agreement (49 FR 17716,
April 24, 1984);
<bullet> CL 17H: HSWA Codification Rule: Double Liners (50 FR
28702, July 15, 1985);
<bullet> CL 17I: HSWA Codification Rule: Ground-water Monitoring
(50 FR 28702, July 15, 1985);
<bullet> CL 17P: HSWA Codification Rule: Interim Status (50 FR
28702, July 15, 1985);
<bullet> CL 17Q: HSWA Codification Rule: Research and Development
Permits (50 FR 28702, July 15, 1985);
<bullet> CL 30: Biennial Report Correction (51 FR 28556, August 8,
1986);
<bullet> CL 36: Closure/Post-closure Care for Interim Status
Surface Impoundments (52 FR 8704, March 19, 1987);
<bullet> CL 38: Amendments to Part B Information Requirements for
Land Disposal Facilities (52 FR 23447, June 22, 1987 as amended
September 9, 1987 at 52 FR 33936);
<bullet> CL 54: Permit Modification for Hazardous Waste Management
Facilities (53 FR 37912, September 28, 1988 as amended October 24, 1988
at 53 FR 41649);
<bullet> CL 55: Statistical Methods for Evaluating Groundwater
Monitoring Data from Hazardous Waste Facilities (53 FR 39720, October
11, 1988); and
<bullet> CL 61: Changes to Interim Status Facilities for Hazardous
Waste Management Permits; Modification of Hazardous Waste Management
Permits; Procedures for Post-Closure Permitting (54 FR 9596, March 7,
1989).
In the process of seeking authorization for revisions to the State
authorized program, Massachusetts has not always used individual rule
checklists to demonstrate the equivalency of its State regulations to
the Federal program. In addition, Massachusetts has sometimes pursued
authorization for only some provisions of an individual rule checklist.
As a result, past authorization Federal Register notices may have
inadvertently omitted some rule checklists/provisions included in the
EPA's authorization decision for State program revisions. The EPA is
correcting these omissions with this authorization. The provisions in
the checklists cited above continue to be part of Massachusetts'
authorized program.
Finally, there are several Federal rules that have been vacated,
withdrawn, or superseded. As a result, authorization of these rules may
be moot. However, for purposes of completeness, these rule checklists
are included, below, with an explanation as to the rule's status in
Massachusetts. These checklists include:
<bullet> CL 153: Conditionally Exempt Small Quantity Generator
Disposal Options (61 FR 34252, July 1, 1996)--As the preamble to this
rule discussed, the EPA believes that States which do not allow the
disposal of wastes generated by CESQGs into Subtitle D landfills under
their existing authorized Subtitle C program would not be required to
revise their programs and obtain authorization for this rule, as they
would continue to be more stringent. The EPA encouraged states to
inform their regional office that for this final rule, they are not
required to submit a revision application. Massachusetts does not allow
wastes generated by CESQGs to be disposed in Subtitle D landfills. Note
that these federal provisions were subsequently superseded by the
Hazardous Waste Generator Improvements Rule (81 FR 85732, November 28,
2016).
<bullet> CL 199: Vacatur of Mineral Processing Spent Materials
Being Reclaimed (67 FR 11251, March 13, 2002)--This rule vacated
certain provisions from CL 167D: Mineral Processing Secondary Materials
Exclusion (63 FR 28556; May 26, 1998). Massachusetts did not adopt the
underlying provisions from CL 167D.
<bullet> CL 216: Exclusion of Oil-Bearing Secondary Materials
Processed in a Gasification System to Produce Synthetic Gas (73 FR 57,
January 2, 2008), CL 221: Expansion of RCRA Comparable Fuel Exclusion
(73 FR 77954, December 19, 2008), CL 224: Withdrawal of the Emission
Comparable Fuel Exclusion (75 FR 33712, June 15, 2010), and CL 234:
Vacatur of the Comparable Fuels Rule and the Gasification Rule (80 FR
18777, April 8, 2015)--CLs 216, 221, and 224 have been vacated. CL 234
implements the vacatur of these provisions. Massachusetts did not adopt
the exclusions contained in CLs 216, 221, or 224.
Massachusetts' authorized program continues to be equivalent to and
no less stringent than the Federal program without having to make any
conforming changes pursuant to these rule checklists, as explained
above.
H. Where are the revised State rules different from the Federal rules?
1. Massachusetts Requirements That Are Broader in Scope
Massachusetts' hazardous waste program contains certain provisions
that are broader than the scope of the Federal program. These broader
in
[[Page 197]]
scope provisions are not part of the program the EPA is proposing to
authorize. The EPA cannot enforce requirements that are broader in
scope, although compliance with such provisions is required by State
law. Examples of broader in scope provisions of Massachusetts' program
include, but are not limited to, the following:
(a) In 1996, the EPA vacated the K156, K157, and K158 waste
listings to the extent that they encompass wastes generated from the
manufacture of 3-iodo-2-popynyl n-butylcarbamate (IPBC). 310 CMR 30.132
does not exclude such wastes from coverage under Massachusetts'
analogous listings. State-only wastes such as K156, K157, and K158
wastes from the manufacture of IPBC make Massachusetts' universe of
regulated hazardous waste larger than the EPA's and, therefore, broader
in scope.
2. Massachusetts Requirements That Are More Stringent Than the Federal
Program
Massachusetts' hazardous waste program contains several provisions
that are more stringent than the Federal RCRA program. More stringent
provisions are part of a Federally authorized program and are,
therefore, Federally-enforceable. Under this action, the EPA would
authorize every provision in Massachusetts' program that is more
stringent. Every provision of the proposed program revision that is
more stringent is noted in Table 1. They include, but are not limited
to, the following:
(a) The EPA conditionally excludes certain listed wastes that are
reclaimed, reused, or otherwise recycled from the definition of solid
waste. In 40 CFR 261.4(a)(9), (10), and (19), the EPA conditionally
excludes any spent wood preserving solutions and wastewaters that are
reclaimed and reused, wastes from coke by-product processes that are
destined for recycling, and spent caustic solutions generated by
refineries that are used as feedstock, respectively. Massachusetts has
not adopted these exclusions for recycled listed wastes. Instead, 310
CMR 30.104(2)(b) excludes recyclable material that is reclaimed in
compliance with the requirements of 310 CMR 30.200 from hazardous waste
regulation. The provisions of 310 CMR 30.200, which include but are not
limited to obtaining a permit and managing recyclable material in
compliance with that permit, are more stringent than the conditions set
forth by the EPA at 40 CFR 261.4(a).
(b) At 40 CFR 261.4(a)(12) and (18) and 261.6(a)(3)(iii) and (iv),
the EPA conditionally excludes certain recovered oil and oil-bearing
hazardous secondary materials that are to be refined, re-refined, or
burned as fuels from regulation as hazardous waste. Certain oil-bearing
recyclable materials are subject to 40 CFR 279 standards for used oil
management. Massachusetts has not adopted the EPA's used oil
requirements, nor the EPA's exclusions for management of oil-bearing
recyclable materials. Instead, such waste is subject to 310 CMR 30.200
and specifically the waste oil management standards in 310 CMR 30.250,
which are more stringent than 40 CFR 279.
(c) In the definition of ``drip pad'' at 310 CMR 30.010,
Massachusetts explicitly restricts use of drip pads to treatment,
storage, and disposal facilities that are in interim status.
Massachusetts does not permit generators or licensed treatment,
storage, and disposal facilities to use drip pads to convey treated
wood drippage, precipitation, and/or surface water run-off from an
associated collection system.
(d) If wood preserving plants cease or do not initiate use of
chlorophenolic preservatives, the EPA allows wastes from such processes
to be exempt from the F032 listing once several cleaning, management,
and documentation conditions have been met (40 CFR 261.35).
Massachusetts has not adopted the conditions included in 40 CFR 261.35
and regulates all such waste as F032 listed hazardous waste.
(e) The EPA excludes mixtures of non-hazardous waste with certain
listed hazardous wastes from the definition of hazardous waste if
certain conditions are met. The types of mixtures and associated
conditions for exclusion are listed in 40 CFR 261.3(a)(2)(iv). 310 CMR
30.102(2)(c) incorporates many of these mixtures and associated
conditions for exclusion by reference. However, Massachusetts has not
adopted 40 CFR 261.3(a)(2)(iv)(F) and (G), relating to mixtures of non-
hazardous waste with wastewaters from the production or treatment of
carbamates and carbamoyl oximes (namely, K156 and K157 listed wastes).
Mixtures of non-hazardous wastes with K156 and/or K157 listed wastes
must be managed as hazardous wastes in Massachusetts.
(f) The EPA conditionally excludes certain wastes generated from
the treatment, storage or disposal of listed wastes from hazardous
waste regulation. In 40 CFR 261.3(c)(2)(ii)(D), the EPA conditionally
excludes biological treatment sludge from the treatment of K156 and
K157 wastes. In 40 CFR 261.3(c)(2)(ii)(E), the EPA conditionally
excludes catalyst inert support media separated from K171 and K172
wastes. In 40 CFR 261.4(b)(15), the EPA conditionally excludes leachate
or gas condensate collected in landfills where certain inorganic
chemical manufacturing wastes (namely, K169, K170, K171, K172, K174,
K175, K176, K 177, K178, and K181) have been disposed. Massachusetts,
at 310 CMR 30.102(d), regulates all waste generated from the treatment,
storage, disposal, or use of a hazardous waste as hazardous waste,
including any sludge, spill residue, ash emission control dust, and
leachate.
(g) The Massachusetts provisions for used, broken cathode ray tubes
(CRTs) and processed CRT glass undergoing recycling are more stringent
than the Federal requirements in two regards. First, 310 CMR
30.104(3)(h)1.a requires that all used, broken CRTs be containerized,
rather than providing an option to store used, broken CRTs in a
building as provided at 40 CFR 261.39(a)(1). Second, at 310 CMR
30.104(3)(h)2.b.iii, Massachusetts requires companies that conduct CRT
processing to submit a one-time notification to MassDEP prior to
commencing CRT processing. The Federal CRT recycling provisions do not
require such a notification.
(h) Several of Massachusetts' provisions at 310 CMR 30.354,
alternative requirements for unwanted materials generated by academic
laboratories, are more stringent than the Federal analogous
requirements. First, teaching hospitals and nonprofit research
institutes that are not owned by a college or university must keep
their written formal affiliation agreements on file with the Director
of Laboratories for as long as the laboratories are subject to
alternative requirements (310 CMR 30.354(3)(d) and (e), respectively).
The EPA does not specify where or with whom such affiliation agreements
must be filed or maintained. Second, the container labeling
requirements at 40 CFR 262.206(a)(2) do not require that date the
unwanted material began accumulating and other information sufficient
to allow trained professionals to identify the materials be affixed or
attached to the container. Massachusetts does require this information
be affixed or attached to the container, as described at 310 CMR
30.354(6)(a)1. Finally, although the Federal provisions have less
stringent requirements for where and when Very Small Quantity
Generators (VSQGs) must make hazardous waste determinations, as
compared to Small and Large Quantity Generators (SQGs and LQGs,
respectively), 310 CMR 30.354(10) requires VSQGs to comply with the
[[Page 198]]
same standards as SQGs and LQGs when making a hazardous waste
determination in the laboratory before the unwanted material is removed
from the laboratory.
(i) Massachusetts has prohibited VSQGs from acquiring and utilizing
drum-top crushers to crush mercury-containing lamps after the effective
date of the revised regulations, unless they first obtain a license to
treat hazardous waste. This requirement, at 310 CMR 30.353(10), is more
stringent than the federal provisions, which do not restrict or require
permits for treatment by VSQGs.
I. Who handles permits after the authorization takes effect?
Massachusetts will continue to issue permits covering all the
provisions for which it is authorized and will administer the permits
it issues. The EPA will continue to administer and enforce any RCRA and
HSWA permits or portions of permits that the EPA issued prior to the
effective date of this authorization in accordance with the signed
Memorandum of Agreement, dated September 30, 2021, which is included
with this program revision application. Until such time as formal
transfer of the EPA permit responsibility to Massachusetts occurs and
the EPA terminates its permit, the EPA and Massachusetts agree to
coordinate the administration of permits in order to maintain
consistency. The EPA will not issue any new permits or new portions of
permits for the provisions listed in Section G after the effective date
of this authorization. The EPA will continue to implement and issue
permits for HSWA requirements for which Massachusetts is not yet
authorized.
J. How would this action affect Indian Country (18 U.S.C. 115) in
Massachusetts?
Massachusetts has not applied for and is not authorized to carry
out its hazardous waste program in Indian country within the State,
which includes the land of the Wampanoag tribe. Therefore, this action
has no effect on Indian country. The EPA retains jurisdiction over
Indian country and will continue to implement and administer the RCRA
program on these lands.
K. What is codification and will the EPA codify Massachusetts'
hazardous waste program as authorized in this rule?
Codification is the process of placing citations and references to
the State's statutes and regulations that comprise the State's
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 Massachusetts' revisions at this time.
However, the EPA reserves the ability to amend 40 CFR part 272, subpart
W for the authorization of Massachusetts' program at a later date.
L. 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. This action is not an
Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action
because actions such as today's authorization of Massachusetts' revised
hazardous waste program under RCRA are exempted under Executive Order
12866. Accordingly, 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 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
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 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 taking this action, 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 this action 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 action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b).
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
[[Page 199]]
environmental effects of their programs, policies, and activities on
minority populations and low-income populations in the United States.
Because this action authorizes pre-existing State rules which are at
least equivalent to, and no less stringent than existing Federal
requirements, and imposes no additional requirements beyond those
imposed by State law, and there are no anticipated significant adverse
human health or environmental effects, this rule is not subject to
Executive Order 12898.
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, 6974(b).
Deb Szaro,
Acting Regional Administrator, U.S. EPA Region I.
[FR Doc. 2021-28333 Filed 1-3-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on January 4, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.