[Federal Register Volume 69, Number 64 (Friday, April 2, 2004)]
[Rules and Regulations]
[Pages 17308-17310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7468]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 257

[FRL-7642-8]


Delaware and Maryland: Adequacy of State Solid Waste Landfill 
Permit Programs Under RCRA Subtitle D

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Under section 4005(c)(1)(C) of the Resource Conservation and 
Recovery Act (RCRA), EPA can approve state permit programs for solid 
waste disposal facilities that receive hazardous waste from 
conditionally exempt small quantity generators (CESQGs). A CESQG is a 
generator that generates less than 100 kilograms of hazardous waste per 
month. CESQGs are subject to minimal recordkeeping and reporting 
requirements under RCRA, but must satisfy three basic regulatory 
requirements to remain exempt from the full scope of hazardous waste 
regulations that apply to other

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generators: identification of hazardous wastes, compliance with storage 
quantity limits, and compliance with applicable hazardous waste 
treatment and disposal regulations. Federal regulations specify that 
CESQG hazardous waste must be disposed of in one of several ways, 
including either: a hazardous waste facility subject to RCRA Subtitle 
C, or a state licensed or permitted municipal solid waste landfill 
(MSWLF) subject to regulations, or a state licensed or permitted non-
municipal, non-hazardous waste disposal unit subject to regulations. 
This action approves Maryland's regulations which require that CESQG 
hazardous waste must be disposed of in hazardous waste landfills, if 
disposed in Maryland, or in one of the three ways mentioned above, if 
disposed outside of Maryland. EPA is also approving Delaware's 
regulations which require that CESQG hazardous waste can only be 
disposed in hazardous waste landfills.
    EPA is publishing this rule to approve applicable regulations in 
Delaware and Maryland without prior proposal because we believe this 
action is not controversial, and we do not expect comments that oppose 
it. Unless we receive written comments which oppose this approval 
during the comment period, the decision to approve the subject 
regulations in Delaware and Maryland will take effect as scheduled. If 
we receive comments that oppose this action, we will publish a document 
in the Federal Register withdrawing this rule before it takes effect 
and a separate document in the proposed rules section of this Federal 
Register will serve as a proposal to approve the subject regulations 
for Delaware and Maryland. If EPA receives relevant adverse written 
comment concerning the adequacy of only one of the States' programs, 
EPA's withdrawal of the immediate final rule will only apply to that 
State's program. The approval of the other State's program will take 
effect as scheduled in this action.

DATES: This immediate final rule will become effective on June 1, 2004, 
unless EPA receives relevant adverse written comment by May 3, 2004. If 
EPA receives such comment, it will publish a timely withdrawal of this 
immediate final rule in the Federal Register and inform the public that 
this rule, or parts of this rule, will not take effect.

ADDRESSES: Send written comments to Mr. Mike Giuranna, Mailcode 3WC21, 
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029. Comments may also be submitted 
electronically to: [email protected], or by facsimile at (215) 814-
3163. Comments in electronic format should identify this specific 
notice. Documents pertaining to this regulatory docket can be viewed 
and copied during regular business hours at the EPA Region III office 
located at the address noted above.

FOR FURTHER INFORMATION CONTACT: For information on accessing documents 
or supporting materials related to this rule or for information on 
specific aspects of this rule, contact Mike Giuranna, Mailcode 3WC21, 
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029, phone (215) 814-3298, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    Under 40 CFR 261.5, Special Requirements for Hazardous Waste 
Generated by Conditionally Exempt Small Quantity Generators, which was 
promulgated on March 24, 1986 (51 FR 10174), CESQG hazardous waste 
could only be disposed of in an EPA or State regulated hazardous, 
municipal, industrial or miscellaneous waste landfill. At that time, 
EPA had only promulgated rules for hazardous waste landfills and 
MSWLFs, not for industrial or miscellaneous waste landfills which 
accepted CESQG waste. On July 1, 1996 (61 FR 34252-34278), EPA 
promulgated criteria under its solid waste program at 40 CFR part 257, 
subpart B, for industrial waste and other non-municipal, non-hazardous 
waste landfills which accept CESQG hazardous waste. In the same notice, 
EPA also revised its hazardous waste program regulations at 40 CFR 
261.5(f)(3) and 261.5(g)(3) to allow the disposal of CESQG hazardous 
waste in non-municipal, non-hazardous waste landfills which meet the 
requirements of 40 CFR part 257, subpart B, as well as in hazardous 
waste landfills or MSWLFs which meet appropriate Federal regulations. 
Today's immediate final rule approves provisions in Delaware's 
regulations which prevent CESQG waste from being disposed of in any 
type of landfill other than a hazardous waste landfill and Maryland's 
regulations which only permit the disposal of CESQG waste in Maryland 
in hazardous waste landfills, and, in other States, also in MSWLFs 
which meet appropriate Federal regulations and non-hazardous, non-
municipal landfills which comply with 40 CFR part 257, subpart B.
    The States of Delaware and Maryland have ``EPA-authorized'' 
hazardous waste permit programs under RCRA Subtitle C (40 CFR parts 
271, 124, 264 and 270). These States have regulations in place 
providing that CESQG hazardous waste may be lawfully managed in a RCRA 
Subtitle C hazardous waste facility. With the exception of State-
approved hazardous waste collection activities, Delaware prohibits the 
disposal of CESQG waste at any type of landfill other than a permitted 
hazardous waste facility. Maryland only permits the disposal of CESQG 
waste in hazardous waste landfills (HWLFs) if disposed of in Maryland, 
and HWLFs, municipal solid waste landfills or non-municipal, non-
hazardous waste disposal units which comply with the requirements of 40 
CFR part 257, subpart B if the CESQG waste is disposed outside of 
Maryland. These programs in Delaware and Maryland satisfy the EPA 
requirements for the safe management of CESQG wastes. Therefore, 
pursuant to 40 CFR part 257, subpart B, EPA has determined that 
Delaware's and Maryland's regulations are adequate for EPA approval 
because they prohibit the disposal of CESQG wastes in landfills that do 
not meet relevant Federal requirements.

B. Decision

    After reviewing the relevant regulations for the States of Delaware 
(listed in Delaware's Regulations for Hazardous Waste at Sec.  
261.5(f)(3)(i)-(iii) and 261.5(g)(3)(i)-(iii)), and Maryland (Title 26, 
Subtitle 13, Chapter 2 of the Code of Maryland Regulations at 
26.13.02.05 D(2)), and finding that they are equivalent to or more 
stringent than the Federal regulations at 40 CFR 261.5(f)(3) and 
(g)(3), EPA is granting Delaware and Maryland a final determination of 
adequacy for their regulations pursuant to RCRA section 4005(c)(1)(C).

C. Statutory and Executive Order Reviews

    This rule only approves State solid waste requirements pursuant to 
RCRA section 4005 and imposes no requirements other than those imposed 
by State law (see SUPPLEMENTARY INFORMATION, above). Therefore, this 
rule complies with applicable executive orders and statutory provisions 
as follows. 1. Executive Order 12866: Regulatory Planning Review--The 
Office of Management and Budget has exempted this rule from its review 
under Executive Order 12866. 2. Paperwork Reduction Act--This rule does 
not impose an information collection burden under the Paperwork 
Reduction Act. 3. Regulatory Flexibility Act--After considering the 
economic impacts of today's rule on small entities

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under the Regulatory Flexibility Act, I certify that this rule will not 
have a significant economic impact on a substantial number of small 
entities. 4. Unfunded Mandates Reform Act--Because this rule approves 
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 Act. 5. 
Executive Order 13132: Federalism--Executive Order 13132 does not apply 
to this rule because it will not have federalism implications (i.e., 
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). 6. 
Executive Order 13175: Consultation and Coordination with Indian Tribal 
Governments--Executive Order 13175 does not apply to this rule because 
it will not have tribal implications (i.e., substantial direct effects 
on one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes). 7. 
Executive Order 13045: Protection of Children from Environmental Health 
& Safety Risks--This rule is not subject to Executive Order 13045 
because it is not economically significant and it is not based on 
health or safety risks. 8. Executive Order 13211: Actions that 
Significantly Affect Energy Supply, Distribution, or Use--This rule is 
not subject to Executive Order 13211 because it is not a significant 
regulatory action as defined in Executive Order 12866. 9. National 
Technology Transfer Advancement Act--EPA approves State programs as 
long as they meet criteria required by RCRA, so it would be 
inconsistent with applicable law for EPA, in its review of a State 
program, to require the use of any particular voluntary consensus 
standard in place of another standard that meets the requirements of 
RCRA. Thus, section 12(d) of the National Technology Transfer and 
Advancement Act does not apply to this rule. 10. Congressional Review 
Act--EPA will submit a report containing this rule and other 
information required by the Congressional Review Act (5 U.S.C. 801 et 
seq.) to the U.S. Senate, the U.S. House of Representatives, and the 
Comptroller General of the United States prior to publication in the 
Federal Register. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2). This action will be effective June 1, 2004.

List of Subjects in 40 CFR Part 257

    Environmental protection, Waste treatment and disposal.

    Authority: This document is issued under the authority of 
sections 2002 and 4005 of the Solid Waste Disposal Act as amended, 
42 U.S.C. 6912 and 6945.

    Dated: January 8, 2004.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 04-7468 Filed 4-1-04; 8:45 am]
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