[Federal Register Volume 62, Number 121 (Tuesday, June 24, 1997)]
[Rules and Regulations]
[Pages 34007-34012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16212]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-5845-1]


Maine; Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The State of Maine has applied for final authorization for 
revisions to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA). Maine's revisions address many of 
the rules that were promulgated by the Environmental Protection Agency 
(EPA) between July 1, 1984 and June 30, 1990. These rules are contained 
in Non-HSWA Clusters I through VI and HSWA Clusters I and II. The 
specific RCRA program revisions for which Maine is seeking 
authorization are listed in the table in section C of this document.

[[Page 34008]]

Region I EPA has reviewed Maine's application and has made a decision, 
subject to public review and comment, that Maine's hazardous waste 
program revisions satisfy all the requirements necessary to qualify for 
final authorization. Also, the EPA views these revisions as non-
controversial and anticipates no adverse comments. Thus, EPA is 
approving Maine's hazardous waste program revisions, effective in sixty 
(60) days, unless adverse comments pertaining to the State's revisions 
are received within the next thirty (30) days.

DATES: Final authorization for Maine shall be effective on August 25, 
1997 unless EPA publishes a prior Federal Register action withdrawing 
this immediate final rule. All comments on Maine's program revision 
application must be received by the close of business on July 24, 1997.

ADDRESSES: Copies of Maine's program revision application are available 
for inspection and copying at the following addresses: (1) Maine 
Department of Environmental Protection, Hospital Street, Augusta, 
Maine, 94333. Phone: (207) 287-2651. Business Hours: 8:00 A.M. to 5:00 
P.M., Monday through Friday, and (2) U.S. EPA Region I Library, One 
Congress Street, 11th Floor, Boston, Massachusetts, 02203, Phone: (617) 
565-3300. Business Hours: 8:30 A.M. to 4:30 P.M., Monday through 
Friday. Written comments should be sent to Geri Mannion at the address 
below.

FOR FURTHER INFORMATION CONTACT: Geri Mannion, U.S. EPA Region I, 
(CHW), J.F.K. Federal Building, Boston, Massachusetts, 02203-2211, 
Phone: (617) 565-3607.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under section 3006(b) of the 
Resource Conservation and Recovery Act (``RCRA'' or ``the Act''), 42 
U.S.C. 6929(b), have a continuing obligation to maintain a hazardous 
waste program that is equivalent to, no less stringent than, and 
consistent with the Federal hazardous waste program. In addition, as an 
interim measure, the Hazardous and Solid Waste Amendments of 1984 
(Public Law 98-616, November 8, 1984, hereinafter ``HSWA'') allows 
States to revise their programs to become substantially equivalent 
instead of equivalent to RCRA requirements promulgated under HSWA 
authority. States exercising the latter option receive ``interim 
authorization'' for the HSWA requirements under section 3006(g) of 
RCRA, 42 U.S.C. 6926(g), and later apply for final authorization for 
the HSWA requirements.
    Revisions to State hazardous waste programs are necessary when 
Federal or State statutory or regulatory authorities are modified, or 
when certain other changes occur. Most commonly, State program 
revisions are necessitated by changes to EPA's regulations in 40 CFR 
parts 260-266, 268, 124, 270, 273, and 279.

B. Maine's Application

    The State of Maine received final authorization to implement its 
hazardous waste management program on May 6, 1988 with an effective 
date of May 20, 1988. (See: 53 FR 16264, May 6, 1988.) Between November 
1994 and August 1995 Maine submitted a draft program revision 
application for many of the rules promulgated by the EPA between July 
1, 1984 and June 30, 1990 and adopted by Maine in March 1994. Maine 
submitted its final application for these revisions on February 28, 
1997 and is today seeking approval of its program revisions in 
accordance with 40 CFR 271.21(b)(3).
    The EPA has carefully reviewed the submitted Maine regulations and 
has determined that they are equivalent to, no less stringent than, and 
consistent with the Federal program. During the review process, EPA 
noted three typographical errors that Maine, in its Memorandum of 
Agreement (MOA) (required under 40 CFR part 271) with the EPA, has 
agreed to correct during its next rulemaking. This agreement, and EPA's 
determination that the State's typographical errors do not materially 
impact the Agency's equivalency determination, support EPA's decision 
to grant Maine final authorization at this time. The errors noted in 
the MOA that are to be corrected in Maine's next rulemaking are 
described below:
    (1) The spelling of ``diisocyanate'' and ``toluenediamine'' in the 
listing for K116 at Hazardous Waste Management Rules, 06-096 CMR 
850.3C3;
    (2) The spelling of ``absorbent'' in the description of K132 at 06-
096 CMR 850.3C3 and,
    (3) The numbering of ``U159'' 2-Butanone (I,T) at 06-096 CMR 
850.3C4f.
    In addition to the EPA's review of the State's revised hazardous 
waste regulations, EPA consulted closely with the State regarding its 
draft Attorney General's Statement, draft Program Description, and its 
MOA with EPA, all required under 40 CFR part 271. On February 28, 1997, 
pursuant to 40 CFR part 271, the State submitted its final 
authorization application to EPA. The Region has reviewed Maine's final 
application, and has made a decision that Maine's hazardous waste 
program revisions satisfy all of the requirements necessary to qualify 
for final authorization. Consequently, EPA is granting final 
authorization to Maine for the program revisions contained in its final 
authorization application, subject to further review if there are 
adverse public comments. The public may submit written comments on 
EPA's immediate final rule up until the close of business on July 24, 
1997. Copies of Maine's application for program revision are available 
for inspection and copying at the locations indicated in the Addresses 
section of this document.
    Approval of Maine's program revision shall become effective in 
sixty (60) days unless adverse comments pertaining to the State's 
program revisions are received by the end of the thirty day (30-day) 
comment period. If adverse comments are received, EPA will publish 
either: (1) A withdrawal of the immediate final decision; or (2) a 
notice containing a response to comments which either affirms that the 
immediate final decision takes effect or reverses the decision.
    To be considered equivalent to the Federal program, a state is 
required to control all hazardous wastes identified under 40 CFR 261 at 
least as stringently as the Federal program; however, states, under 
section 3009 of the Resource Conservation and Recovery Act (RCRA), are 
entitled to be more stringent than the Federal program. Provisions that 
are more stringent are federally enforceable. The Maine program is more 
stringent than the Federal program in several respects. On January 4, 
1985 (50 FR 614) EPA promulgated a rule clarifying the extent of EPA's 
jurisdiction over hazardous waste recycling activities and set the 
regulatory regime for recycling activities subject to the Agency's 
jurisdiction and indicated in its regulations that certain types of 
recycled hazardous secondary materials are not RCRA solid or hazardous 
wastes (50 FR 614). Maine's definition of waste at CMR 850.3A2 is more 
stringent because it regulates all hazardous wastes in the same manner 
and makes no distinctions as to whether they are recycled, reused, 
disposed of, or treated. Any material which is defined as hazardous 
waste is regulated by Maine as a hazardous waste (unless it is 
specifically excluded in CMR 850.3A4). Further Maine's regulations do 
not grant variances from the classification of solid was for certain 
recycled wastes as provided in 40 CFR 260.30 (a)-(c) or variances for 
wastes being accumulated for recycling as provided in 40 CFR 260.40 and 
260.42.
    Maine's revised program is also more stringent than the Federal 
program in

[[Page 34009]]

the following areas: (1) Maine has not adopted the exemption for used 
oil established at 40 CFR 261.6(a)(3)(iii), (2) Maine did not adopt the 
Resource Recovery Facility provision under household hazardous wastes 
exclusion at 40 CFR 261.4(b)1, and (3) it did not adopt the delisting 
of federally listed wastes provision at 40 CFR 260.22(a).
    Some portions of Maine's revised program are broader in scope than 
the Federal program, and thus are not federally enforceable. For 
example, at CMR 850.3C2b Maine lists Polychlorinated biphenyl (PCBs) as 
a hazardous waste; EPA does not. At CMR 850.3C4e and 850.3C4f, Maine 
lists certain discarded commercial chemical products as hazardous 
wastes which are not listed by EPA at 40 CFR 261.33(e) and (f). These 
wastes are indicated with an asterisk in Maine's listing. Additionally, 
the following wastes are listed in CMR 850.3C4e and f by Maine as 
hazardous, but not by the EPA: P154, P158, P145, P107, P139, U139.

Status of Federal Permits

    EPA will suspend the further issuance of RCRA and HSWA permits in 
the State of Maine for those provisions for which the State receives 
final authorization on the effective date of this authorization.
    EPA will retain lead responsibility for the issuance, 
administration, and enforcement of those HSWA provisions in the State 
of Maine for which the State does not receive authorization. In 
addition, EPA will continue to administer and enforce any RCRA and HSWA 
permits, or portions of permits, it has issued in Maine until the 
State, after receiving authorization for those provisions, issues 
permits for these facilities which are equivalent to the federal 
permits, or until the State incorporates the terms and conditions of 
the federal permits into the State RCRA permits in accordance with its 
authorized program.
    The State of Maine will assume lead responsibility for issuing 
permits in the State for those program areas authorized today. The 
State will review all State issued permits, and modify or reissue these 
permits as necessary to require compliance with its approved program.

C. Program Elements

    The specific RCRA program revisions for which the State of Maine is 
authorized today are listed in the Table below. The Federal 
requirements in the Table are identified by their checklist numbers and 
rule descriptions. The following abbreviations are used in the Table: 
CFR = Code of Federal Regulations; MOA = Memorandum of Agreement 
between the State of Maine and the EPA; MRSA = Maine Revised Statutes 
Annotated; AG = Attorney General Statement. The state analogues listed 
in the table below are taken from Maine's 06-096 Code of Maine 
Regulations (CMR) Chapters 850-857, Hazardous Waste Management Rules; 
Chapter 860, Waste Oil Management Rules; Chapter 2, Rules Concerning 
the Processing of Applications; and Chapter 30, Special Regulations for 
Hearings on Applications of Significant Public Interest.

------------------------------------------------------------------------
          Federal requirements                   State authorities      
------------------------------------------------------------------------
           NON-HSWA Cluster I                                           
                                                                        
(AI) State Availability of Information,   1 MRSA Secs.  402.3, 408, 409,
 HSWA Sec.  3006(f), 11/8/84.              38 MRSA Sec.  1310-B, MOA.   
(9) Household Waste: 49 FR 44978-44980,   850.3A4avii.                  
 11/13/84.                                                              
(11) Corrections to Test Methods Manual:  850 Appendix III, XI,         
 49 FR 47390-47391, 12/4/84.               850.3B1c, 2ai, iii, 3ai, ii, 
                                           5a.                          
 (12) Satellite Accumulation: 49 FR       851.8C.                       
 49568-49572, 12/20/84.                                                 
(13) Definition of Solid Waste: 50 FR     854.3M, 850.3A2, 856.11A5av,  
 614-668, 1/4/85; as amended on 4/11/85    850.3A4xiii, xvi, xviii, xv; 
 at 50 FR 14216-14220 and 8/20/85, 50 FR   Basis Statement, 850.3A5,    
 33541-33543.                              856.11A4, 5, 850.3A2, 6, 10, 
                                           11; 856.11A6, 9, 860, 853,   
                                           857, 851, 854, 850.3C2, 4,   
                                           856.4A, C, 5A; 854.13,       
                                           855.9J, 860.4D, 856.11A9.    
(15) Interim Status Standards for         855.9E, G, H.                 
 Treatment, Storage, and Disposal                                       
 Facilities: 50 FR 16044-16048, 4/23/85.                                
                                                                        
           NON-HSWA Cluster II                                          
                                                                        
(24) Financial Responsibility:                                          
 Agreement: See 24 (Amended) at Non-HSWA                                
 VI: Maine is adopting the amended                                      
 version of this checklist, CL 24A                                      
(26) Listing of Spent Pickle Liquor       850.3C3.                      
 (K062): 51 FR 19320-19322, 5/28/86; as                                 
 amended 9/22/86 at 51 FR 33612.                                        
                                                                        
          Non-HSWA Cluster III                                          
                                                                        
(MW) Radioactive Mixed Waste: 51 FR       AG Statement, 850.3Aaiib,     
 24504, 7/3/86.                            850.4Aav.                    
(27) Liability Coverage; Corporate        854.6C16, 16e.                
 Guarantee: 51 FR 25350-25356, 7/11/86.                                 
(28N) Standards for Hazardous Waste       854.3A, C, E, G, I, P, Q, U,  
 Storage and Treatment Tank Systems: 51    Y, Z, HH, KK, PP, QQ;        
 FR 25422-25486, 7/14/86; as amended on    851.8B2, 11, 851, 854.6C5,   
 8/15/86 at 51 FR 29430-29431.             9b, 15, 16; 854.12B1, C2, 5, 
                                           7, 9, 13; D, E3, G, 855.9A3, 
                                           5, 9b, 15, 16; 855.9D,       
                                           856.10B, E.                  
(29) Corrections to Listing of            Superseded by CL 46 at Non-   
 Commercial Chemical Products and          HSWA IV.                     
 Appendix VIII Constituents: 51 FR 28296-                               
 28310, 8/6/86.                                                         
(35) Revised Manual SW-846; Amended       850 Appendix I through XI.    
 Incorporation by Reference: 52 FR 8072-                                
 8073, 3/16/87.                                                         
(36) Closure/Post-closure Care for        855.9E2, 3.                   
 Interim Status Surface Impoundments: 52                                
 FR 8704-8709, 3/19/87.                                                 
(37) Definition of Solid Waste;           850.3A2, 3C4.                 
 Technical Corrections: 52 FR 21306-                                    
 21307, 6/5/87.                                                         
(38) Amendments to Part B Information     856.10B16g, h.                
 Requirements for Disposal Facilities:                                  
 52 FR 23447-23450, 6/22/87; as amended                                 
 on 9/9/87 at 52 FR 33936.                                              
                                                                        
           Non-HSWA Cluster IV                                          
                                                                        
(40) List (Phase 1) of Hazardous          854.8D2, 854 Appendix IX,     
 Constituents for Ground-Water             856.10B16dii.                
 Monitoring: 52 FR 25942-25953, 7/9/87.                                 
(41) Identification and Listing of        850.3C4c.                     
 Hazardous Waste: 52 FR 26012, 7/10/87.                                 
(43) Liability Requirements for           854.6C16e, 855.9A16.          
 Hazardous Waste Facilities; Corporate                                  
 Guarantee: 52 FR 44314-44321, 11/18/87.                                
(45) Hazardous Waste Miscellaneous        854.5E, 854.3R, W, 854.6A,    
 Units: 52 FR 46946-46965, 12/10/87.       6C5, 6C9b, 6C15, 6C16,       
                                           854.7A, 854.15A, B, C, D,    
                                           856.10B, 856.10J1, a, b, c,  
                                           10J2.                        

[[Page 34010]]

                                                                        
(46) Technical Corrections;               850.3C4, 3C4f, 850 Appendix   
 Identification and Listing of Hazardous   VIII.                        
 Waste: 53 FR 13382-13393, 4/22/88.                                     
                                                                        
           Non-HSWA Cluster V                                           
                                                                        
(49) Identification and Listing of        850.3A4b, bi, bii, biii, 3A4c.
 Hazardous Waste; Treatability Studies                                  
 Sample Exemption: 53 FR 27290-27302, 7/                                
 19/88.                                                                 
(52N) Hazardous Waste Management System;  856.3B.6D, 854.6C15, 12B,     
 Standards for Hazardous Waste Storage     12E3, 5, 855.9A15, 9D.       
 and Treatment Tank Systems: 53 FR 34079-                               
 34087, 9/2/88.                                                         
(53) Identification and Listing of        850.3C3, 850 Appendix VII.    
 Hazardous Waste; and Designation,                                      
 Reportable Quantities, and                                             
 Notification: 53 FR 35412-35421, 9/13/                                 
 88.                                                                    
(55) Statistical Methods for Evaluating   854.8D2, 4, 854.8A3.          
 Ground-Water Monitoring Data from                                      
 Hazardous Waste Facilities: 53 FR 39720-                               
 39731, 10/11/88.                                                       
(58) Standards for Generators of          857.4.                        
 Hazardous Waste: 53 FR 45089-45093, 11/                                
 8/88.                                                                  
(59) Hazardous Waste Miscellaneous        856.10B.                      
 Units; Standards Applicable to Owners                                  
 and Operators: 54 FR 615-617, 1/9/89.                                  
(60) Amendment to Requirements for        856.10D2.                     
 Hazardous Waste Incinerator Permits: 54                                
 FR 4286-4288, 1/30/89.                                                 
(61) Changes to Interim Status            856.5F, 10A1, 10A12, 12A3,    
 Facilities for Hazardous Waste            12B, 12C, 12G, 38 MRSA Sec.  
 Management Permits; Procedures for Post-  1319-R(6), S(5), 855.6, 6B,  
 closure Permitting: 54 FR 9596-9609, 3/   6D, 6D1, 2, 855.7E, F.       
 7/89.                                                                  
                                                                        
           Non-HSWA Cluster VI                                          
                                                                        
(24A) Financial Responsibility;           854.3B, 3J, 3N, 3AA, 6C15,    
 Settlement Agreement: 51 FR 16422-        6C16, 855.9A15, 9A15e, f, g, 
 16459, 5/2/86.                            9A16, 855.6B, 856.10B, 13A11.
(65) Mining Waste Exclusion I: 54 FR      850.3A3bii, biii, 3A4aix NOTE,
 36592-36642, 9/1/89.                      200.1H, UU.                  
(67) Testing and Monitoring Activities:   850 Appendix III, Appendix III
 54 FR 40260-40269, 9/29/89.               Table 2, Table 3.            
(70) Changes to Part 124 Not Accounted    856.5A, B, C, D, 10A1, 2, 3,  
 for by Present Checklists: 48 FR 14146-   12, 13, 14, 15, 16, 20, 12A, 
 14295, 4/1/83; 48 FR 30113-30115, 6/30/   B, C, I, 13A, A7, 13C, 15    
 83; 53 FR 28118-28157, 7/26/88; 53 FR     13A7, 13C, 2.18, 30.5B, C, 7,
 37396-37414, 9/26/88; 54 FR 246-258, 1/   21, 856.5A, B.               
 4/89.                                                                  
                                                                        
             HSWA Cluster I                                             
                                                                        
(SR1) Existing and newly regulated        AG Statement XVI.1(1).        
 surface impoundments; HSWA Sec.                                        
 3005(j)(1)&(6), 11/8/84.                                               
(SR2) Variance under Sec.  3005(j) (2)-   AG Statement XVI.1(3).        
 (9) & (13); HSWA Sec.  3005(j) (2)-(9),                                
 11/8/84.                                                               
(14) Dioxin Waste Listing and Management  850.3A5c, 3C, 3C4, 3A7, 850   
 Standards: 50 FR 1978-2006, 1/14/85.      Appendix III, VII, VIII, X,  
                                           854.8C, 10C10, 11B1, 12B1,   
                                           12B3, 9E, 855.5B6, 9I, 9J,   
                                           856.10B, C, E, F, G.         
(16) Paint Filter Test: 50 FR 18370-      854.6C3, 5, 9, 855.9A3, 9,    
 18375, 4/30/85.                           855.9H.                      
(SI) Sharing of Information with Agency   AG Statement XVIII.B.         
 for Toxic Substances and Disease                                       
 Registry; HSWA Sec.  3019(b), 7/15/85.                                 
(17) HSWA Codification Rule, 50 FR 28702-                               
 28755, 7/15/85:                                                        
    (17A) Small Quantity Generators.....  17(A) Superseded by CL 23.    
    (17D) Waste Minimization............  17(D) 851.9E1, 857.4, 5B,     
                                           854.6C9, 9b, 856.13A10b,     
                                           855.5, 5B8.                  
(17E) Location Standards for Salt Domes,  17(E) 855.5B7.                
 Salt beds, Underground Mines and Caves.                                
(17F) Liquids in Landfills..............  17(F) 854.8C5, 855.9H,        
                                           856.10C1.                    
(17G) Dust Suppression..................  17(G) 850.3A8.                
(17H) Double Liners.....................  17(H) 854.8B, 9B1, 2, 18,     
                                           855.6C.                      
(17I) Ground-Water Monitoring...........  17(I) 854.8C, H, 9F2, G, 11C. 
(17J) Cement Kilns......................  17(J) 850.3A9, 3C4.           
(17L) Corrective Action.................  17(L) 854.5E, 854.6A, C18,    
                                           8D2, 3, 4, 9B16, 855.9B,     
                                           856.11A2aii, 10B16, 17.      
(17M) Pre-construction Ban..............  17(M) 856.4A.                 
(17N) Permit Life.......................  17(N) 856.5C, D, 12E.         
(17O) Omnibus Provision.................  17(0) 856.12E.                
(17P) Interim Status....................  17(P) 855.5B, 5B8, 7E, 7F,    
                                           856.10A1, 12, 13A10.         
(17R) Hazardous Waste Exports...........  17(R)(superseded by CL 31).   
(17S) Exposure Information..............  17(S) 856.10C13.              
(18) Listing of TDI, DNT, and TDA         850.3C3, 3C4f, 850 Appendix   
 Wastes: 50 FR 42936-42943, 10/23/85.      III, VII, VIII.              
(20) Listing of Spent Solvents: 50 FR     850.3C2.                      
 53315-53320, 12/31/85; as amended on 1/                                
 21/86 at 51 FR 2702.                                                   
(21) Listing of EDB Wastes: 51 FR 5327-   850.3C3, Appendix III, VII.   
 5331, 2/13/86.                                                         
(22) Listing of Four Spent Solvents: 51   850.3C2, 3C4, Appendix III,   
 FR 6537-6542, 2/25/86.                    VII, VIII.                   
(23) Generators of 100 to 1000kg          850.3A5, 3A5a, b, c, d, e,    
 Hazardous Waste: 51 FR 10146-10176, 3/    3C4f, 851.8B, 9, 855.5B2,    
 24/86.                                    856.6A, 857, 857.7G, 11.     
(25) Codification Rule; Technical         850 Appendix XI, 854.8C5,     
 Correction: 51 FR 19176-19177, 5/28/86.   855.9H.                      
(28H) Standards for Hazardous Waste       See 28N under Non-HSWA III.   
 Storage and Treatment Tank Systems: 51                                 
 FR 25422-25486, 7/14/86; as amended on                                 
 8/15/86 at 51 FR 29430-29431.                                          
(30) Biennial Report Correction: 51 FR    854.6C11, 855.9A11.           
 28556, 8/8/86.                                                         
(31) Exports of Hazardous Waste: 51 FR    850.3A4a, 3A5d, 851.9E1, 10,  
 28664-28686, 8/8/86.                      857.4, 5B, 6D, 7C, 7D.       
(32) Standards for Generators--Waste      857.5B                        
 Minimization Certifications: 51 FR                                     
 35190-35194, 10/1/86.                                                  
(33) Listing of EBDC: 51 FR 37725-37729,  850.3C3, Appendix III, VII.   
 10/24/86.                                                              

[[Page 34011]]

                                                                        
(34) Land Disposal Restrictions: 51 FR    850.3A1, 3A4xii, 3A5, c, d,   
 40572-40654, 11/7/86; as amended on 6/4/  3A7, 3B1b, 3C1b, 851.4A, 5,  
 87 at 52 FR 21010-21018.                  852.2, 3, 3B, 3C, 3E, 5, 6,  
                                           7A1, 2, 7A2a, 7A3, 7A5, 8B,  
                                           9A, 9B, 10, 12, 12A1, A2, 12,
                                           12B, 12C, 12D, 13A, B, 14A,  
                                           B, 852 Appendix I, II,       
                                           854.6C3, 6C9b, 855.9A3, 9A9, 
                                           856.4A, 10B, 12E, 38 MRSA    
                                           Sec.  1310-B2, 4, 5 MRSA     
                                           Administrative Procedures Act
                                           Sec.  8055, AG Statement.    
                                                                        
             HSWA Cluster II                                            
                                                                        
(39) California List Waste Restrictions:  850.3B2ai, 850 Appendix III,  
 52 FR 25760-25792, 7/8/87; as amended     852.3A, 3C, 3C, 5, 6, 7, 7B, 
 on 10/27/87 at 52 FR 41295-41296.         10, 12, 13A, 13C, 13C3, 13C4,
                                           13C5, 13C6, 14, 852 Appendix 
                                           III, 854.6C3, 855.6D, 9A3,   
                                           856.4A, 5C, 5D.              
(42) Exception Reporting for Small        857, 857.7F, 7G.              
 Quantity Generators of Hazardous Waste:                                
 52 FR 35894-35899, 9/23/87.                                            
(44) HSWA Codification Rule 2: 52 FR                                    
 45788-45799, 12/1/87                                                   
    (44A) Permit Application............  (44A)856.10B16, B17, B17a, b, 
                                           c, d, e, f.                  
Requirements Regarding Corrective                                       
 Action:                                                                
    (44B) Corrective Action Beyond......  (44B) 854.6C18, 854.8D2.      
Facility Boundary:                                                      
    (44C) Corrective Action for.........  (44C) 854.5E.                 
Injection Wells:                                                        
    (44D) Permit Modification...........  (44D) 856.13A7.               
    (44E) Permit as a Shield............  (44E) 856.4C1, 4D.            
Provision:                                                              
    (44F) Permit Conditions to Protect    (44F) 856.10B18.              
     Human Health and the Environment.                                  
    (44G) Post-Closure Permits..........  (44G) 856.5F.                 
(47) Identification and Listing of        850.3A5c.                     
 Hazardous Waste; Technical Correction:                                 
 53 FR 27162-27163, 7/19/88.                                            
(48) Farmer Exemptions; Technical         851.10, 852.5, 856.6B.        
 Corrections: 53 FR 27164-27165, 7/19/88.                               
(50) Land Disposal Restrictions for       850.3A2, 852.5, 7A, 7A2a, b,  
 First Third Scheduled Wastes: 53 FR       c, d, 852.10, 11, 12D, 13A,  
 31138-31222, 8/17/88 as amended on 2/27/  13B, 13C, 13D, 14, 854.6C3,  
 89 at 54 FR 8264-8266.                    6C9b, 855.9A3, 9A9b.         
(52H) Hazardous Waste Management System;  See (52N) at Non-HSWA V.      
 Standards for Hazardous Waste Storage                                  
 and Treatment Tank Systems: 53 FR 34079-                               
 34087, 9/2/88..                                                        
(62) Land Disposal Restriction            852.14A.                      
 Amendments to First Third Scheduled                                    
 Wastes: 54 FR 18836-18838, 5/2/89.                                     
(63) Land Disposal Restrictions for       852.13D, 14A.                 
 Second Third Scheduled Wastes: 54 FR                                   
 26594-26652, 6/23/89.                                                  
(66) Land Disposal Restrictions;          852.5, Note to 852.5, 10, 11, 
 Corrections to the First Third            12D, 13C, 13D.               
 Scheduled Wastes: 54 FR 36967, 9/6/89,                                 
 as amended on 6/13/90 at 55 FR 23935.                                  
(68) Reportable Quantity Adjustment       850.3C3, Appendix III, VII.   
 Methyl Bromide Production Wastes: 54 FR                                
 41402-41408, 10/6/89.                                                  
------------------------------------------------------------------------

D. Decision

    I conclude that Maine's final application for program revision 
meets all of the statutory and regulatory requirements established by 
RCRA. Accordingly, Maine is granted final authorization to operate its 
hazardous waste program as revised.
    Maine now has responsibility for permitting treatment, storage, and 
disposal facilities within its jurisdiction and for carrying out the 
other aspects of the RCRA program described in its revised program 
application, subject to the limitations of the HSWA. Maine also has 
primary RCRA enforcement responsibility in the State for its authorized 
program, although EPA retains the right to conduct inspections under 
section 3007 of RCRA, and to take enforcement actions under sections 
3008, 3013, and 7003 of RCRA.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    Today's rule contains no Federal mandates for State, local or 
tribal governments or the private sector. The Act excludes from the 
definition of a ``Federal mandate'' duties that arise from 
participation in a voluntary Federal program, except in certain cases 
where a ``federal intergovernmental mandate'' affects an annual federal 
entitlement program of $500 million or more that are not applicable 
here. Maine's request for approval of

[[Page 34012]]

hazardous waste program revisions to its authorized hazardous waste 
program is voluntary and imposes no Federal mandate within the meaning 
of the Act. Rather, by having its hazardous waste program approved, the 
State will gain the authority to implement the program within its 
jurisdiction, in lieu of EPA, thereby eliminating duplicative State and 
Federal requirements. If a State chooses not to seek authorization for 
administration of a hazardous waste program under RCRA Subtitle C, RCRA 
regulation is left to EPA.
    In any event, EPA has determined that this rule does not contain a 
Federal mandate that may result in expenditures $100 million or more 
for State, local, and tribal governments in the aggregate, or the 
private sector in any one year. EPA does not anticipate that the 
approval of Maine's hazardous waste program as referenced in today's 
document will result in annual costs of $100 million or more. EPA's 
approval of state programs generally may reduce, not increase, 
compliance costs for the private sector since the State, by virtue of 
the approval, may now administer the program in lieu of EPA and 
exercise primary enforcement. Hence, owners and operators of treatment, 
storage, or disposal facilities (TSDFs) generally no longer face dual 
Federal and State compliance requirements, thereby reducing overall 
compliance costs. Thus, today's rule is not subject to the requirements 
of sections 202 and 205 of the UMRA.

Certification Under the Regulatory Flexibility Act

    EPA provides the following certification under the Regulatory 
Flexibility Act, as amended by the Small Business Regulatory 
Envorcement Fairnes Act: Pursuant to the provisions of 5 U.S.C. 605(b), 
I hereby certify that this authorization will not have a significant 
economic impact on a substantial number of small entities. This 
authorization effectively suspends the applicability of certain Federal 
regulations in favor of Maine's program, thereby eliminating 
duplicative requirements for handlers of hazardous waste in the State. 
It does not impose any new burdens on small entities. This rule, 
therefore, does not require a regulatory flexibility analysis.

Submission to Congress and the General Accounting Office Under the 
Small Business Regulatory Enforcement Fairness Act

    Under section 801(a)(1)(A) of the Administrative Procedures Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of the rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of section 3 of Executive Order 12291.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    Authority: This document is issued under the authority of 
sections 2002(a), 3006 and 7004(b) of the Resource Conservation and 
Recovery Act as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: June 6, 1997.
John P. DeVillars,
Regional Administrator, Region I.
[FR Doc. 97-16212 Filed 6-23-97; 8:45 am]
BILLING CODE 6560-50-P