[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.
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Federal requirements State authorities
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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.
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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]
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