[Federal Register Volume 63, Number 189 (Wednesday, September 30, 1998)]
[Rules and Regulations]
[Pages 52180-52183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25887]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6167-9]


Massachusetts: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Commonwealth of Massachusetts has applied for Final 
Authorization of a revision to its hazardous waste program under the 
Resource Conservation and Recovery Act (RCRA). Massachusetts' revision 
addresses the Satellite Accumulation Rule contained in Non-HSWA Cluster 
I. This optional rule was promulgated on December 20, 1984 and amended 
the hazardous waste rules to allow accumulation of waste at satellite 
areas at the generator's facility. The specific provisions relating to 
the Satellite Accumulation Rule for which Massachusetts is seeking 
authorization are listed in the table in section B of this document. 
The EPA has reviewed The Commonwealth of Massachusetts' application and 
determined that its hazardous waste program revisions relating to the 
Satellite Accumulation Rule satisfy all of the requirements necessary 
to qualify for final authorization. Unless adverse written comments are 
received during the review and comment period, EPA's decision to 
authorize Massachusetts' hazardous waste program revision will take 
effect as provided below.

DATES: This Immediate Final Rule will become effective on November 30, 
1998 without further notice, unless EPA receives relevant adverse 
comments by October 30, 1998. Should EPA receive

[[Page 52181]]

such comments, it will publish a timely document withdrawing this rule.

ADDRESSES: Copies of the Massachusetts' program revision application 
and the materials which EPA used in evaluating the revision are 
available for inspection and copying at the following addresses: 
Massachusetts Department of Environmental Protection Library, One 
Winter Street--2nd Floor, Boston, MA 02108, business hours: 9 a.m. to 5 
p.m., Telephone: (617) 292-5802 and EPA Region I Library, One Congress 
Street--11th Floor, Boston, MA 02203-0001, business hours: 8:30 a.m. to 
5 p.m., Telephone: (617) 565-3300. Send written comments to Robin 
Biscaia, at the address below.

FOR FURTHER INFORMATION CONTACT: Robin Biscaia, EPA Region I, JFK 
Federal Bldg. (CHW), Boston, MA 02203-0001; Telephone: (617) 565-3265.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under section 3006(b) of the RCRA, 
42 U.S.C. 6926(b), have a continuing obligation to maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal hazardous waste program. As the Federal 
hazardous waste program changes, the States must revise their programs 
and apply for authorization of the revisions. Revisions to State 
hazardous waste programs may be necessary when Federal or State 
statutory or regulatory authority is modified or when certain other 
changes occur. Most commonly, States must revise their programs because 
of changes to EPA's regulations in 40 Code of Federal Regulations (CFR) 
parts 124, 260 through 266, 268, 270, 273 and 279.

B. Massachusetts

    The Commonwealth of Massachusetts initially received Final 
Authorization on January 24, 1985, effective February 7, 1985 (50 FR 
3344) to implement its base hazardous waste management program.
    On January 8, 1998 Massachusetts submitted a final complete program 
revision application relating to the Satellite Accumulation Rule, 
seeking authorization of its program revision in accordance with 40 CFR 
271.21. The EPA reviewed Massachusetts' application, and now makes an 
immediate final decision, subject to receipt of adverse written 
comment, that Massachusetts' hazardous waste program revision relating 
to the Satellite Accumulation Rule satisfies all of the requirements 
necessary to qualify for Final Authorization. Consequently, EPA intends 
to grant The Commonwealth of Massachusetts Final Authorization for the 
program modifications contained in the revision.
    Today's action does not address portions of The Commonwealth of 
Massachusetts' application seeking authorization of the Toxicity 
Characteristics Rule and Universal Waste Rule. The EPA is attempting to 
resolve with Massachusetts an issue that has delayed final approval of 
these rules. Comments related to the Toxicity Characteristics Rule and 
Universal Waste Rule portions of Massachusetts' application need not be 
filed in response to today's action which relates only to EPA's intent 
to grant Final Authorization to Massachusetts for the Satellite 
Accumulation Rule.
    The public may submit written comments on EPA's final decision 
regarding the Satellite Accumulation Rule until October 30, 1998. 
Copies of Massachusetts' application for program revision are available 
for inspection and copying at the locations indicated in the ADDRESSES 
section of this document.
    If EPA does not receive adverse written comment pertaining to 
Massachusetts' program revision by the end of the comment period, the 
authorization of Massachusetts' revision will become effective in 60 
days from the date this document is published. If the Agency does 
receive adverse written comment, it will publish a document withdrawing 
this immediate final rule before its effective date. EPA will then 
address the comments in a later final rule based on the companion 
document appearing in the Proposed Rules section of today's Federal 
Register. EPA may not provide additional opportunity for comment. Any 
parties interested in commenting should do so at this time.
    Upon review of Massachusetts regulations submitted in this revision 
application regarding the Satellite Accumulation Rule, EPA has 
determined that they are equivalent to, no less stringent than and 
consistent with the Federal program. To be considered equivalent to the 
Federal program, a state is required to control all hazardous waste 
identified under 40 CFR part 261 at least as stringently as the Federal 
program; and, according to section 3009 of the Resource Conservation 
and Recovery Act (RCRA), states are entitled to be more stringent than 
the Federal program. This does not mean a state's program must be 
identical, as exemplified below.
    On December 20, 1984 (49 FR 49568), EPA promulgated the Satellite 
Accumulation Rule which allows generators to accumulate up to 55 
gallons of hazardous waste or one quart of acutely hazardous waste in 
satellite areas at a generator's facility so long as specified 
requirements are met. The Massachusetts program allows one 55-gallon of 
hazardous waste or one quart of acutely hazardous waste per waste 
stream to be accumulated at its point of generation. Although this is 
not necessarily allowed under the federal regulation, the Massachusetts 
program subjects the satellite area to more stringent requirements than 
would be required under the federal rule, such as aisle space 
requirements (310 CMR 30.685(3) and (4)) and weekly inspections (310 
CMR 30.686). Thus, the state regulations affecting a satellite 
accumulation area are overall equivalent to the federal regulation.
    The specific RCRA program revisions for which the Commonwealth of 
Massachusetts 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 
defining analogous state authority: MGL = Massachusetts General Laws; 
CMR = Code of Massachusetts Regulations.

------------------------------------------------------------------------
                                     Federal Register   Analogous State
   Checklist        Description       date and page        authority
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12.............  Satellite          12/29/84, 49 FR    MGL c 21C Secs.
                  Accumulation.      49568.             4 and 6, 11/9/
                                                        79; 310 CMR
                                                        30.340(4) and
                                                        30.351(4), 2/19/
                                                        88.
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Status of Federal Permits

    The Commonwealth of Massachusetts is not being authorized now for 
any requirement implementing HSWA. As such, EPA will retain lead 
responsibility for the issuance, administration, and enforcement of 
HSWA provisions in the Commonwealth of Massachusetts for which the 
State has not received authorization. In addition, EPA will continue to 
administer and enforce any RCRA and HSWA permits, or portions

[[Page 52182]]

of permits, it has issued in Massachusetts 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.
    Massachusetts has not sought the authority to operate the RCRA 
program in any Indian country and is not authorized by the Federal 
government to operate the RCRA program in Indian country.

C. Decision

    I conclude that the Massachusetts application for program revision 
authorization meets all of the statutory and regulatory requirements 
established by RCRA. Accordingly, EPA grants the Commonwealth of 
Massachusetts final authorization to operate its hazardous waste 
program as revised. The Commonwealth of Massachusetts has 
responsibility for permitting treatment, storage, and disposal 
facilities within its borders (except in Indian country) and for 
carrying out the aspects of the RCRA program described in its revised 
program application, subject to the limitations of the HSWA. The 
Commonwealth of Massachusetts also has primary enforcement 
responsibilities, 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.

D. Codification in Part 272

    The EPA uses 40 CFR part 272 for codification of the decision to 
authorize The Commonwealth of Massachusetts' program and for 
incorporation by reference of those provisions of its statutes and 
regulations that EPA will enforce under sections 3008, 3013 and 7003 of 
RCRA. EPA reserves amendment of 40 CFR part 272, subpart W until a 
later date.

E. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of certain regulatory actions on State, local, and tribal 
governments and the private sector. Under sections 202 and 205 of the 
UMRA, EPA generally must prepare a written statement of economic and 
regulatory alternatives analyses for proposed and final rules with 
Federal mandates, as defined by the UMRA, 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. EPA 
has determined that section 202 and 205 requirements do not apply to 
today's action because this rule does not contain a Federal mandate 
that may result in annual expenditures of $100 million or more for 
State, local, and/or tribal governments in the aggregate, or the 
private sector. Costs to State, local and/or tribal governments already 
exist under the Massachusetts program, and today's action does not 
impose any additional obligations on regulated entities. In fact, EPA's 
approval of State programs generally may reduce, not increase, 
compliance costs for the private sector. Further, as it applies to the 
State, this action does not impose a Federal intergovernmental mandate 
because UMRA does not include duties arising from participation in a 
voluntary federal program.
    The requirements of section 203 of UMRA also do not apply to 
today's action. Before EPA establishes any regulatory requirements that 
may significantly or uniquely affect small governments, including 
tribal governments, section 203 of the UMRA requires EPA to develop a 
small government agency plan. This rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. Although small governments may be hazardous waste 
generators, transporters, or own and/or operate TSDFs, they are already 
subject to the regulatory requirements under the existing State laws 
that are being authorized by EPA, and, thus, are not subject to any 
additional significant or unique requirements by virtue of this program 
approval.

F. Certification Under the Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996), whenever an agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effect of the rule on small entities (i.e., small businesses, small 
organizations, and small governmental jurisdictions). This analysis is 
unnecessary, however, if the agency's administrator certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    The EPA has determined that this authorization will not have a 
significant economic impact on a substantial number of small entities. 
Such small entities which are hazardous waste generators, transporters, 
or which own and/or operate TSDFs are already subject to the regulatory 
requirements under the existing State laws that are now being 
authorized by EPA. The EPA's authorization does not impose any 
significant additional burdens on these small entities. This is because 
EPA's authorization would simply result in an administrative change, 
rather than a change in the substantive requirements imposed on these 
small entities.
    Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby 
certifies that this authorization will not have a significant economic 
impact on a substantial number of small entities. This authorization 
approves regulatory requirements under existing State law to which 
small entities are already subject. It does not impose any new burdens 
on small entities. This rule, therefore, does not require a regulatory 
flexibility analysis.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The 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 United States prior 
to publication of the rule in today's Federal Register. This rule is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).

H. Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of Executive Order 12866.

I. Compliance With Executive Order 13045

    Executive Order 13045 applies to any rule that the Office of 
Management and Budget determines is ``economically significant'' as 
defined under Executive Order 12866, and that EPA determines that the 
environmental health or safety risk addressed by the rule has a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children and explain why the 
planned regulation is

[[Page 52183]]

preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    The Agency has determined that the final rule is not a covered 
regulatory action as defined in the Executive Order because it is not 
economically significant and does not address environmental health and 
safety risks which have a disproportionate effect on children. As such, 
the final rule is not subject to the requirements of Executive Order 
13045.

J. Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

K. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Pub L. 104-113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This action does not involve technical standards that are covered 
by voluntary consensus standards. Therefore, EPA did not consider the 
use of any voluntary consensus standards.

List of Subjects in 40 CFR Part 272

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, 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 Solid Waste Disposal Act 
as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: August 25, 1998.
John P. DeVillars,
Regional Administrator, Region I.
[FR Doc. 98-25887 Filed 9-29-98; 8:45 am]
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