Rule2025-17053
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
September 5, 2025
Effective
November 4, 2025
Issuing agencies
Environmental Protection Agency
Abstract
Massachusetts has applied to the 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 Federal Register, EPA is also publishing a separate document that serves as the proposal to authorize these revisions. Unless 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 90 Issue 170 (Friday, September 5, 2025)</title>
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[Federal Register Volume 90, Number 170 (Friday, September 5, 2025)]
[Rules and Regulations]
[Pages 42850-42853]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17053]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R01-RCRA-2025-0188; FRL 12874-02-R1]
Massachusetts: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final authorization.
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SUMMARY: Massachusetts has applied to the 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 Federal Register, EPA is also publishing a separate
document that serves as the proposal to authorize these revisions.
Unless 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 will become effective on November 4,
2025, unless EPA receives adverse written comments by October 6, 2025.
If the EPA receives adverse comment, we will either publish a timely
withdrawal of this direct final action in the Federal Register
informing the public that the authorization will not take effect, or we
will publish a notice containing a response to comments that either
reverses the decision or affirms that the final action will take
effect. In the event that the final action is withdrawn, we would
address all public comments and make a final decision on authorization
in a subsequent final action.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2025-0188, 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="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. If you are unable to make
electronic submittals or require alternative access to docket
materials, please notify Sara Kinslow through the provided contact
information in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Sara Kinslow, RCRA Waste Management
and Lead Branch; 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#7f1416110c131008510c1e0d1e3f1a0f1e51181009"><span class="__cf_email__" data-cfemail="dbb0b2b5a8b7b4acf5a8baa9ba9bbeabbaf5bcb4ad">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 42851]]
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 the State is granted authorization to do so.
B. What decisions has the EPA made in this final action?
On August 26, 2024, 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 this authorization decision?
This decision authorizes 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 this action.
D. Why is the EPA using a direct final action?
The EPA is publishing this action without prior proposal because
the EPA views this as a noncontroversial action and anticipates 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 proposed action
allowing the public an opportunity to comment. For further information
about commenting on this action, please refer to the ADDRESSES section
and Section E of the SUPPLEMENTARY INFORMATION section.
E. What happens if the EPA receives comments that oppose this action?
If the EPA receives comments that oppose this authorization, we
will either withdraw this action by publishing a document in the
Federal Register before the action becomes effective, or we will
publish a notice containing a response to comments that either reverses
the decision or affirms that the final action will take effect. In the
event that the final action is withdrawn, the EPA will base any further
decision on the authorization of the State's 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 action.
If EPA receives comments that oppose only the authorization of a
particular revision to the State's hazardous waste program, EPA will
withdraw that part of this action, 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); June 23, 2010,
effective August 23, 2010 (75 FR 35660); and January 4, 2022, effective
March 7, 2022 (87 FR 194). 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 26, 2024, 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. 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 May
24, 2024. Massachusetts' statutory authority for its hazardous waste
program is based on the Massachusetts
[[Page 42852]]
Hazardous Waste Management Act of 1979 (Massachusetts General Laws
Chapter 21C).
The EPA determines, 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 the requirements necessary to qualify for final
authorization. Therefore, the EPA grants final authorization to
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) 128: Wastes 59 FR 458; Title 310 Code of
from the Use of January 4, 1994. Massachusetts
Chlorophenolic Formulations Regulations (310
in Wood Surface Protection. CMR) 30.012(k) and
30.160.
CL 148: RCRA Expanded Public 60 FR 63417; 310 CMR 30.010,
Participation. December 11, 30.831(1),
1995. 30.832(3), 30.833,
30.837, and
30.861(5).
CL 238: Confidentiality 83 FR 60894; 310 CMR
Determinations for Hazardous December 26, 30.104(3)(h)1.e,
Waste Export and Import 2017. 30.361, and
Documents. 30.405(8)(d).
CL 240: Safe Management of 83 FR 61552; 310 CMR 30.010,
Recalled Airbags. November 30, 30.104(3)(k), and
2018. 30.353(8).
CL 241: Management Standards 84 FR 5816; 310 CMR 30.136.\1\
for Hazardous Waste February 22,
Pharmaceuticals and Amendment 2019.
to the P075 Listing for
Nicotine.
CL 242: Universal Waste 84 FR 67202; 310 CMR 30.143(2),
Regulations: Addition of December 9, 2019. 30.1001(3),
Aerosol Cans. 30.1010,\2\
30.1020(6),
30.1034(3)(b),\2\
30.1034(6),
30.1043(2)(d),
30.1044(3),\2\ and
30.1044(6). (More
stringent
provisions: 310 CMR
30.1010 definition
of ``Large quantity
handler of universal
waste'').
Special Consolidated Checklist 79 FR 7518; 310 CMR 30.010,
for the Hazardous Waste February 7, 30.311(1),
Electronic Manifest Rules (CL 2014, and 83 FR 30.311(6),
231 and 239). 420; January 3, 30.311(7),
2018. 30.311(8), 30.316,
30.361, 30.404, and
30.405(1).
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Notes
\1\ Massachusetts is only seeking authority for the State analog to the
amended P075 waste listing for nicotine. Authority for other
provisions in CL 241 will be considered in a future program revision.
\2\ Massachusetts' analogous universal waste standards for mercury-
containing lamps and equipment were previously authorized on January
4, 2022, effective March 7, 2022. Please see 87 FR 194 for a
discussion of equivalency, scope, and stringency for these provisions.
H. Where are the revised State rules different from the Federal rules?
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. As such, the EPA cannot
enforce broader-in-scope State rules; however, compliance with such
rules is required by State law.
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, including, but
not limited to, the following:
(a) At 310 CMR 30.311(1), Massachusetts requires that a manifest
must be used for any hazardous waste transported for ``off-site
treatment, storage, disposal or use . . .'' To the extent that material
``in use'' has not met the criteria for being discarded, abandoned,
used in a manner constituting disposal, sham recycled, or any of the
other factors in the definition of solid waste at 40 CFR 261.2, the EPA
would not consider it to be a solid or hazardous waste and, therefore,
not subject to the hazardous waste management program including
electronic manifest requirements. Additionally, the EPA does not
consider material managed in compliance with the used oil standards at
40 CFR part 279--which may involve off-site shipment of used oil for
recycling, burning for energy recovery, or other allowable ``use''--to
be hazardous waste. Such materials are considered ``State-only'' wastes
for purposes of the electronic manifest requirements, as addressed in
40 CFR 260.5. Wastes required by the State to be transported with a
manifest, for which there is no Federal analog, make Massachusetts'
universe of regulated wastes and entities 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, noted in Table
1, above. They include, but are not limited to, the following:
(a) Both Massachusetts and the EPA define a Large Quantity Handler
(LQH) of Universal Waste (UW) as a UW handler who accumulates 5,000
kilograms or more total of UW at any time. Under the Federal program,
designation as an LQH is retained through the end of the calendar year
in which the 5,000-kilogram level is met or exceeded. Massachusetts
includes in its definition at 310 CMR 30.010 and 30.1010 that an LQH
designation is retained until such time as a change of status request
is received by MassDEP, and through the end of the calendar year in
which the change of status request was received. This additional step
to notify MassDEP of a change in UW handler status, also discussed in
the Massachusetts UW notification requirements at 310 CMR 30.1043(3),
is more stringent than the EPA UW definitions and notification
requirements in 40 CFR part 273.
[[Page 42853]]
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 was included
in the docket for the authorization effective March 7, 2022 (87 FR
194). 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 action?
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).
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).
Dated: August 13, 2025.
Mark Sanborn,
Regional Administrator, U.S. EPA Region I.
[FR Doc. 2025-17053 Filed 9-4-25; 8:45 am]
BILLING CODE 6560-50-P
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