[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Rules and Regulations]
[Pages 35660-35666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15255]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2010-0468; FRL-9165-8]


Massachusetts: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

-----------------------------------------------------------------------

SUMMARY: The Commonwealth of Massachusetts has applied to EPA for final 
authorization of certain changes to its hazardous waste program under 
the Resource Conservation and Recovery Act (RCRA). EPA has determined 
that these changes satisfy all requirements needed to qualify for final 
authorization and is authorizing the State's changes through this 
immediate final action.

DATES: This final authorization will become effective on August 23, 
2010 unless EPA receives adverse written comment by July 23, 2010. 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 authorization will not take immediate effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2010-0468, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (617) 918-0642, to the attention of Robin Biscaia.
     Mail: Robin Biscaia, RCRA Waste Management Section, Office 
of Site Remediation and Restoration (OSRR 07-

[[Page 35661]]

1), EPA New England--Region 1, 5 Post Office Square, Suite 100, Boston, 
MA 02109-3912.
     Hand Delivery or Courier: Deliver your comments to: Robin 
Biscaia, RCRA Waste Management Section, Office of Site Remediation and 
Restoration (OSRR 07-1), EPA New England--Region 1, 5 Post Office 
Square, Suite 100, Boston, MA 02109-3912. Such deliveries are only 
accepted during the Office's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Identify your comments as relating to Docket ID No. 
EPA-R01-RCRA-2010-0468. EPA's policy is that all comments received will 
be included in the public docket without change and may be made 
available online at www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or claimed to be other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
www.regulations.gov or e-mail. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/dockets/index.htm.
    Docket: EPA has established a docket for this action under Docket 
ID No. EPA-R01-RCRA-2010-0468. All documents in the docket are listed 
on the www.regulations.gov web site. Although it may be listed in the 
index, some information might not be publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
through www.regulations.gov or in hard copy at the following two 
locations: (i) Massachusetts Department of Environmental Protection, 
Business Compliance Division, One Winter Street--8th Floor, Boston, MA 
02108, business hours Monday through Friday 9 a.m. to 5 p.m., tel: 
(617) 556-1096; and (ii) EPA Region I Library, 5 Post Office Square, 
1st Floor, Boston, MA 02109-3912, by appointment only, (617) 918-1990.

FOR FURTHER INFORMATION CONTACT: Robin Biscaia, Hazardous Waste Unit, 
RCRA Waste Management Section, Office of Site Remediation and 
Restoration (OSRR 07-1), EPA New England--Region 1, 5 Post Office 
Square, Suite 100, Boston, MA 02109-3912; telephone number: (617) 918-
1642; fax number: (617) 918-0642, e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

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

B. What decisions have we made in this rule?

    We have concluded that Massachusetts's application to revise its 
authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we grant Massachusetts 
final authorization to operate its hazardous waste program with the 
changes described in the authorization application. The Massachusetts 
Department of Environmental Protection (MassDEP) has responsibility for 
permitting Treatment, Storage, and Disposal Facilities (TSDFs) within 
its borders and for carrying out the aspects of the RCRA program 
covered by its revised program application, subject to the limitations 
of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal 
requirements and prohibitions imposed by Federal regulations that EPA 
promulgates under the authority of HSWA take effect in authorized 
States before they are authorized for the requirements. Thus, EPA will 
implement any such requirements and prohibitions in Massachusetts, 
including issuing permits, until the State is granted authorization to 
do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Massachusetts 
subject to RCRA will now have to comply with the authorized State 
requirements instead of the equivalent Federal requirements in order to 
comply with RCRA. Massachusetts has enforcement responsibilities under 
its State hazardous waste program for violations of such program, but 
EPA also retains its full authority under RCRA sections 3007, 3008, 
3013, and 7003, which includes, among others, authority to:
     Perform inspections, and require monitoring, tests, 
analyses or reports
     Enforce RCRA requirements and suspend or revoke permits
     Take enforcement actions
    This action does not impose additional requirements on the 
regulated community because the regulations for which Massachusetts is 
being authorized by today's action are already effective under State 
law, and are not changed by today's action.

D. Why wasn't there a proposed rule before this rule?

    EPA did not publish a proposal before today's rule because we view 
this as a routine program change and do not expect adverse comments 
that oppose this approval. We are providing an opportunity for public 
comment now. In addition to this rule, in the proposed rules section of 
today's Federal Register we are publishing a separate document that 
proposes to authorize the State program changes.

E. What happens if EPA receives comments that oppose this action?

    If EPA receives comments that oppose this authorization, we will 
withdraw this rule by publishing a document in the Federal Register 
before the rule becomes effective. EPA will base any further decision 
on the authorization of the State program changes on the proposal 
mentioned in the previous paragraph. We will then address all public 
comments in a later final rule based upon this proposed rule that also 
appears in today's Federal Register. You

[[Page 35662]]

may not have another opportunity to comment. If you want to comment on 
this authorization, you should do so at this time.
    If we receive adverse comments that oppose only the authorization 
of a particular change to the State hazardous waste program, we will 
withdraw that part of this rule but the authorization of the program 
changes that the comments do not oppose will become effective on the 
date specified above. The Federal Register withdrawal document will 
specify which part of the authorization will become effective, and 
which part is being withdrawn.

F. What has Massachusetts previously been authorized for?

    The Commonwealth of Massachusetts initially received Final 
Authorization on January 24, 1985, effective February 7, 1985 (50 FR 
3344), to implement its base hazardous waste management program. This 
authorized base program generally tracked Federal hazardous waste 
requirements through July 1, 1984. In addition, the EPA previously has 
authorized particular Massachusetts regulations which address several 
of the EPA requirements adopted after July 1, 1984. Specifically, on 
September 30, 1998, the EPA authorized Massachusetts to administer the 
Satellite Accumulation rule, effective November 30, 1998 (63 FR 52180). 
Also, on October 12, 1999, the EPA authorized Massachusetts to 
administer the Toxicity Characteristics rule (except with respect to 
Cathode Ray Tubes), and the Universal Waste rule, effective immediately 
(64 FR 55153). On November 15, 2000, the EPA granted interim 
authorization for Massachusetts to regulate Cathode Ray Tubes under the 
Toxicity Characteristics rule through January 1, 2003, effective 
immediately (65 FR 68915). This interim authorization subsequently was 
extended to run through January 1, 2006 (67 FR 66338, October 31, 2002) 
which was then further extended until January 1, 2011 (70 FR 69900, 
November 18, 2005). On March 12, 2004, EPA authorized the State for 
updates to its hazardous waste program which generally track Federal 
requirements through the July 1, 1990 edition of Title 40 of the Code 
of Federal Regulations (and in some cases beyond), with respect to 
definitions and miscellaneous provisions, provisions for the 
identification and listing of hazardous wastes and standards for 
hazardous waste generators; it also approved a State-specific 
modification to the Federal hazardous waste regulations regarding 
recyclable materials under an ECOS flexibility project; and finally it 
approved Massachusetts site-specific regulations developed under the 
Project XL, New England Universities Laboratories XL Project (69 FR 
11801, March 12, 2004), effective immediately. On January 31, 2008 EPA 
authorized Massachusetts for revisions to the state's hazardous waste 
management program addressing Federal requirements for Corrective 
Action, Radioactive Mixed Waste, and the Hazardous Waste Manifest 
revisions; the authorization also addressed various changes the state 
had recently made to its base program regulations, including the 
hazardous waste exemption for dredged material regulated under the 
Federal Clean Water Act, requirements relating to elementary 
neutralization, an exemption for dental amalgam being recycled, a State 
regulation which allows for the waiving of state requirements that are 
more stringent than the Federal RCRA counterparts, updates to interim 
status facilities requirements and, finally, an extension of the 
special regulations governing the New England Universities' 
Laboratories XL project (73 FR 5753, January 31, 2008), effective March 
31, 2008.

G. What changes are we authorizing with this action?

    On June 3, 2010, Massachusetts submitted a final complete program 
revisions application seeking authorization for its changes in 
accordance with 40 CFR 271.21. In particular, Massachusetts is seeking 
authorization for the Land Disposal Restrictions element of the RCRA 
program. Massachusetts also is seeking authorization for other updates 
and revisions to its RCRA program.
    The State's authorization application includes a copy of MassDEP's 
Hazardous Waste Regulations, effective April 16, 2010, checklists 
comparing the Federal and state regulations and an Attorney General's 
Statement.
    We are now making an immediate final decision, subject to 
reconsideration only if we receive written comments that oppose this 
action, that Massachusetts' hazardous waste revisions satisfy all of 
the requirements necessary to qualify for final authorization. 
Therefore, we grant Massachusetts final authorization for the program 
changes identified below. Note, the Federal requirements are identified 
by their rule revision checklist (CL) number or by direct reference to 
a Federal regulation, and are followed by the corresponding State 
regulatory analogs from the Massachusetts Hazardous Waste regulations, 
310 CMR 30.0000, as in effect on April 16, 2010.
    With respect to the Land Disposal Restrictions (LDR) element of the 
RCRA program, we are authorizing the Massachusetts regulations listed 
below which relate to the Federal Land Disposal Restriction LDR rule 
revision checklists or portions thereof identified in the Special 
Consolidated Checklist for the LDR rules as of June 30, 1992 as well as 
the Special Consolidated Checklist for the Phases I-IV LDRs as of 
December 31, 2002: Federal--CL 34 [51 FR 40572, November 7, 1986, 52 FR 
21010, June 4, 1987]; CL 39 [52 FR 25760, July 8, 1987, 52 FR 41295, 
October 27, 1987]; CL 50 [53 FR 31138, August 17, 1988, 54 FR 8264, 
February 27, 1989]; CL 62 [54 FR 18836, May 2, 1989]; CL 63 [54 FR 
26594, June 23, 1989]; CL 66 [54 FR 36967, September 6, 1989, 55 FR 
23935, June 13, 1990]; CL 78 [55 FR 22520, June 1, 1990]; CL 83 [56 FR 
3864, January 31, 1991]; CL 95 [56 FR 41164, August 19, 1991]; CL 102 
[57 FR 8086, March 6, 1992]; CL 103 [57 FR 20766, May 15, 1992]; CL 106 
[57 FR 28628, June 26, 1992]; CL 109 [57 FR 37194, August 18, 1992]; CL 
116 [57 FR 47772, October 20, 1992]; CL 123 [58 FR 28506, May 14, 
1993]; CL 124 [58 FR 29860, May 24, 1993]; CL 136 [59 FR 43496, August 
24, 1994]; CL 137 [59 FR 47982, September 19, 1994, 60 FR 242, January 
3, 1995]; CLs 142A-142E [60 FR 25492, May 11, 1995]; CL 151 [61 FR 
15566, April 8, 1996, 61 FR 15660, April 8, 1996, 61 FR 19117, April 
30, 1996, 61 FR 33680, June 28, 1996, 61 FR 36419, July 10, 1996, 61 FR 
43924, August 26, 1996, and 62 FR 7502, February 19, 1997]; CL 155 [62 
FR 1992, January 14, 1997]; CL 157 [62 FR 25998, May 12, 1997]; 
Revision CL 159 [62 FR 32974, June 17, 1997]; CL 160 [62 FR 37694, July 
14, 1997]; CL 161 [62 FR 45568, August 28, 1997]; CL 162 [62 FR 64504, 
December 5, 1997]; CLs 167A, 167B, 167C and 167C.1 [63 FR 28556, May 
26, 1998, 63 FR 31266, June 8, 1998]; CL 169 [63 FR 42110, August 6, 
1998; 63 FR 54356, October 9, 1998]; CL 170 [63 FR 46332, August 31, 
1998]; CL 171 [63 FR 47410 (September 4, 1998)]; CL 172 [63 FR 48124, 
September 9, 1998]; CL 173 [63 FR 51254, September 24, 1998]; CL 179 
[64 FR 2548, May 11, 1999]; CL 181 [64 FR 36466, July 6, 1999]; CL 182 
[64 FR 52828, September 30, 1999]; CL 183 [64 FR 56469, October 20, 
1999]; CL 185 [65 FR 14472, March 17, 2000]; CL 187 [64 FR 36365, June 
8, 2000]; CL 189 [65 FR 67068, November 8, 2000]; CL 190 [65 FR 81373, 
December 26, 2000]; CL 192B [66 FR 27266, May 16, 2001]; CL 195 [66 FR 
58258, November 20, 2001, 67 FR 17119, April 9, 2002]; CL 200 [67 FR 
48393, July 24, 2002] and CL 201 [67 FR 62618, October 7, 2002]: 
State--310

[[Page 35663]]

CMR 3.10, 3.14, 30.010 (definitions of ``containment building,'' 
``debris,'' ``hazardous constituent or constituents,'' ``hazardous 
debris,'' ``land disposal,'' ``miscellaneous unit,'' ``pile,'' ``PCBs 
or polychlorinated biphenyls''), 30.002, 30.003, 30.010 (intro.), 
30.012(1), 30.099(1), 30.099(3), 30.099(6)(a), 30.099(6)(b), 
30.099(6)(c), 30.099(6)(g), 30.099(6)(h), 30.099(6)(i), 30.099(6)(j), 
30.099(6)(q), 30.099(6)(t), 30.101, 30.103(1), 30.103(2) with respect 
to Federal wastes, 30.103(3), 30.104(2)(e)2(a)-(b), 30.104(2)(e)(3), 
30.104(2)(w), 30.104(3)(a), 30.140(1)(f), 30.106(1), 30.122(1), 
30.122(1)(c) and (d), 30.122(2), 30.123(2), 30.124(2), 30.125(2), 
30.131 (addition of F039), 30.133(1)(c), 30.136(1)(c), 30.141(1), 
30.162, 30.231(1) as it relates to Federally regulated materials, 
30.231(6), 30.294(2), 30.301(3), 30.302(3)-(5), 30.302(1)-(5), 
30.340(1), 30.340(2), 30.340(4), 30.341(2), 30.351(1)(b), 30.351(1)(c), 
30.351(1)(d), 30.351(10)(h), 30.353(1)(b)-(c), 30.353(2), 30.353(3), 
30.353(6)(c), 30.408(2), 30.501(1), 30.501(2)(h), 30.513(1)(a)-(b), 
30.513(2)(a)5, 30.513(2)(a)6.a.-c., 30.542(2)(c), 30.542(2)(i)(1)-(3), 
30.542(2)(j)-(o), 30.591, 30.601(1), 30.602(16), 30.616(1)(a)-(b), 
30.628(1), 30.629(1)-(2), 30.630, 30.630(5), 30.646(1)(a)-(b), 
30.657(1)(a)-(b), 30.700 (intro.), 30.750(1)(a)-(b), 30.750(1)(c)2, 
30.750(1)(c)3, 30.750(2)(a)-(h), 30.750(3)(a) Table 1, 30.750(3)(b) 
Table 2, 30.750(3)(c) Table 3, 30.750(3)(d)1-15, 30.804(28), 30.804(5), 
30.829, 30.852 Table (B.1.b, B.1.c and H.1), 30.901(1)(a), 30.903, 
30.905, 30.1103(2).
    Because Massachusetts has not yet adopted certain waste listings 
that were promulgated under the authority of the Hazardous and Solid 
Waste Amendments (HSWA), we are not authorizing the Commonwealth for 
Land Disposal Restrictions related to these wastes at this time. As 
such, EPA will retain authority over the following hazardous waste 
listings until the State adopts and is granted authorization in a 
future rulemaking: F032 (Wood Preserving Wastes); K141, K142, K143, 
K144, K145, K147, and K148 (Coke By-Product Wastes); K156, K157, K158, 
K159, K161, P127, P128, P185, P188, P189, P190, P191, P192, P194, P196, 
P197, P198, P199, P201, P202, P203, P204, P205, U271, U278, U279, U280, 
U364, U367, U372, U373, U387, U389, U394, U395, U404, U409, U410, and 
U411 (Carbamate Wastes); K169, K170, K171 and K172 (Petroleum Refining 
Wastes); K174 and K175 (Organic Chemicals); and, K176 and K177 
(Inorganic Chemicals). Regulated entities in Massachusetts will need to 
comply with the LDR requirements for these wastes, but it is the 
Federal rather than the State LDR requirements that will continue to 
apply.
    We also are authorizing the following other updates and revisions 
to the Massachusetts RCRA program: Federal: CL 3--Interim Status 
Standards Applicability [48 FR 52718-52720, November 22, 1983]--State: 
30.099(1); Federal: CL 10--Interim Status Standards Applicability [49 
FR 46094-46095, November 21, 1984]--State: 30.099(1); Federal: CL 15--
Interim Status Standards for Treatment, Storage, and Disposal 
Facilities [50 FR 16044-16048, April 23, 1985]--State: 30.099(6)(b)8, 
30.099(6)(g), 30.099(6)(i), 30.099(6)(j), and 30.630; Federal: interim 
status facility requirements at 40 CFR part 265--State: editorial 
change at 30.099(4)(b); Federal: requirements under subpart N, 
Landfills, 40 CFR 265.300 to 265.316--State: editorial change at 
30.099(6)(j); Federal: interim status requirements under subpart O, 
Incinerators, 40 CFR 265.340 to 265.352--State: updated incorporation 
of Federal requirements by reference at 30.099(6)(k); Federal: interim 
status requirements under subpart P, Thermal Treatment, 40 CFR 265.370 
to 265.383--State: updated incorporation of Federal requirements by 
reference at 30.099(6)(l); Federal: interim status requirements under 
subpart Q, Chemical, Physical and Biological Treatment, 40 CFR 265.400 
to 265.406--State: updated incorporation of Federal requirements by 
reference at 30.099(6)(m); Federal: interim status requirements under 
subpart AA, Air Emission Standards for Process Vents, 40 CFR 265.1030 
to 265. 1035--State: updated incorporation of Federal requirements by 
reference at 30.099(6)(o); Federal: interim status requirements under 
subpart BB--Air Emission Standards for Equipment Leaks, 40 CFR 265.1050 
to 265.1064--State: updated incorporation of Federal requirements by 
reference at 30.099(6)(p); Federal: requirements relating to subpart S, 
40 CFR 264.552 (Corrective Action Management Units), Sec.  264.553 
(Temporary Units), and Sec.  264.554 (Staging Piles)--State: 
specification that interim status facilities are subject to such 
additional requirements at 30.099(6)(s); Federal: subpart CC, Air 
Emission Standards for Tanks, Surface Impoundments and Containers, at 
interim status facilities, 40 CFR 265.1080 to 265.1090--State: 
30.099(6)(u); Federal: corrective action requirements at 40 CFR 
264.101--State: updated incorporation of Federal regulations by 
reference at 30.099(13)(d); Federal: CL 16--Paint Filter Test [50 FR 
18370-18375, April 30, 1985]--State: 30.099(6)(a)(1) and (2), 
30.099(6)(j), 30.629(1) and (2), 30.513(2)(a)5, and 30.542(c) and (g); 
Federal: CL 17A--Small Quantity Generators [50 FR 28702, July 15, 
1985]--State: portions not previously authorized, 30.102(2)(c), 
30.405(9), 30.801(1) and (2), and 30.099(2)(a)1 and 2; Federal: CL 
17B--Delisting [54 FR 27114, June 27, 1989]--State: 30.142(1) and (2); 
Federal: CL 17E--Location Standards for Salt Domes, Salt Beds, 
Underground Mines and Caves [50 FR 28702, July 15, 1985]--State: 30.707 
and 30.099(10); Federal: CL 17F--Liquids in Landfills I [51 FR 19176, 
May 28, 1986]--State: 30.629, 30.620(1), 30.099(6)(j), and 
30.804(19)(g); Federal: CL 17G--Dust Suppression [50 FR 28702, July 15, 
1985]--State: 30.231(1) and 30.205(13) as it relates to Federally 
regulated materials; Federal: CL 17M--Pre-construction Ban [50 FR 
28702, July 15, 1985]--State: 30.801, 30.801(12), and 30.501(3); 
Federal: CL 17N--Permit Life [50 FR 28702, July 15, 1985]--State: 
30.827, 30.851(3), and 30.851(3)(a)3; Federal: CL 17S--Exposure 
Information [50 FR 28702, July 15, 1985]--State: 30.804, 30.804(18)(n), 
and 30.804(19)(n); Federal: CL 23--Generators of 100 to 1000 kg 
Hazardous Waste [51 FR 10146-10176, March 24, 1986]--State: portions 
not previously authorized, 30.102(2)(c), 30.405(9), 30.801(1) and (2), 
and 30.099(2)(a)1 and 2; Federal: CL 25--Codification Rule, Technical 
Correction [51 FR 19176-19177, May 28, 1986]--State: 30.099(6)(j); 
Federal: CL 40--List (Phase 1) of Hazardous Constituents for Ground-
water Monitoring [52 FR 25942-25953, July 9, 1987]--State: 30.161, 
30.664(6)(a), 30.664(7)(b), 30.664(7)(d), 30.671(6) and 30.804(23)(d)2; 
Federal: CL 44E--Permit as a Shield Provision [52 FR 45788-45799, 
December 1, 1987]--State: 30.812 and 30.851(3)(a)3; Federal: CL 44F--
Permit Conditions to Protect Human Health and the Environment [52 FR 
45788-45799, December 1, 1987]--State: 30.804 (intro.) and 30.827; 
Federal: CL 45 and 59--Hazardous Waste Miscellaneous Units and 
Corrections [52 FR 46946, December 10, 1987, and 54 FR 615, January 9, 
1989]--State: 30.010 definition of ``landfill'' and ``miscellaneous 
unit,'' 30.502(1)(f), 30.515(2)(c), 30.542(2)(g), 30.582, 30.583(1)(h), 
30.585, 30.592(1)(a) and (b), 30.593(1), 30.606, 30.661(1) and (4), 
30.700, 30.701, 30.701(7), 30.804(8), (12), (13) and (27), 
30.901(1)(b), 30.903(1), 30.905(1), and 30.908(2); Federal: CL 52--
Hazardous Waste Management System; Standards for

[[Page 35664]]

Hazardous Waste Storage and Treatment Tank Systems [53 FR 34079, 
September 2, 1988]--State: 30.010, 30.099(6)(b) and (6)(b)8, 
30.099(6)(f), 30.585, 30.691(1) and (2), and 30.694(6)(c); Federal: CL 
81 and 89--Petroleum Refinery Primary and Secondary Oil/Water/Solids 
Separation Sludge Listings (F037 and F038) and Amendments [55 FR 46354, 
November 2, 1990, as amended at 55 FR 51707, December 17, 1990 and 56 
FR 21955, May 13, 1991]--State: 30.130; 30.131; and 30.162; Federal: CL 
86--Removal of Strontium Sulfide from the List of Hazardous Wastes [56 
FR 7567, February 25, 1991]--State: 30.136 and 30.160; Federal: CL 
115--Chlorinated Toluenes Production Waste Listing [57 FR 47376, 
October 15, 1992]--State: 30.132 and 30.162; Federal: CL 132--Wood 
Surface Protection, Correction [59 FR 28484, June 2, 1994]--State: 
30.012(1)(k); Federal: CL 140--portions relating to waste listing for 
P188, Physostigmine Salicylate and P204, Physostigmine [60 FR 7824, 
February 9, 1995 as amended at 60 FR 19165, April 17, 1995 and at 60 FR 
25619, May 12, 1995]--State: 30.136 and 30.160; Federal: CL 192A--
Mixture and Derived-From Rules Revisions, only as it relates to 
medicinal nitroglycerin, and the conditional exemption for low-level 
mixed waste [66 FR 27266, May 16, 2001]--State: 30.104(2)(v) and 
30.104(3)(g); Federal: CL 193--Change of Official EPA Mailing Address 
[66 FR 34374, June 28, 2001]--State: 30.012(1)(k); Federal: CL 206--
Non-wastewaters from Dyes and Pigments Waste Listing [70 FR 9138, 
February 24, 2005 as amended at 70 FR 35032, June 16, 2005]--State: 
30.132, 30.160, 30.162, and 30.750(1)(a); Federal: CL 207--Uniform 
Hazardous Waste Manifest Revisions, [70 FR 10776, March 4, 2005]--
State: corrections to previously authorized State definitions in 
30.010; Federal: dredged material exemption at 40 CFR 261.4(g)--State: 
formatting corrections to previously authorized State regulations 
30.104(3)(f)-(g); Federal: conditional exemption of waste pickle liquor 
sludge at 40 CFR 261.3(c)(2)(ii)(A)--State: 30.104(2)(e)(1); Federal: 
40 FR 261.4(b), solid wastes which are not hazardous--State: updated 
incorporation of Federal requirements at 30.104(2)(m); Federal: listing 
criteria at 40 CFR 261.11--State: updated incorporation of Federal 
requirements by reference at 30.112(1)(b) and (c); Federal: Appendix I 
to 40 CFR part 261 regarding representative sampling methods--State: 
clarification at 30.151 that the Department incorporates by reference 
Appendix I to 40 CFR part 261; Federal: test method for determining the 
characteristic of ignitability at 40 CFR 261.21(a)(1)--State: update to 
reference at 30.152(1)(a) to reflect incorporation of reference at 
30.012; Federal: test methods for corrosivity at 40 CFR 261.22(a)--
State: update to test methods and references at 30.153(1) and (2); 
Federal: reference to test method 9095B in EPA publication SW-846 
(paint filter liquids test) at 40 CFR part 260.11(c)(3)--State: 
modification of 30.156 to reflect current paint filter test method; 
Federal: exports of industrial ethyl alcohol for reclamation at 40 CFR 
261.6(a)(3)(i)(A) and (B)--State: updated incorporation of Federal 
requirements by reference at 30.212(2); Federal: 40 CFR 262.21--State: 
updated incorporation of Federal requirements by reference at 30.316; 
Federal: Waste minimization certification at 40 CFR 262.27--State: 
updated incorporation of Federal requirements by reference at 30.317; 
Federal: 40 CFR part 262, subparts E and F regarding imports and 
exports of hazardous waste--State: updated incorporations of Federal 
requirements by reference at 30.361(1) and (2); Federal: 263.20(a)(2) 
relating to exports--State: updated incorporation of Federal 
requirements by reference at 30.405(8); Federal: 40 CFR 263.30(c)--
State: update of 30.413(2)(b)-(c); Federal: 40 CFR 264.1(g)(3)--State: 
update of 30.501(2)(a) and 30.601(2)(a); Federal 40 CFR 264.1(g)(6)--
State: clerical error correction at 30.501(2)(d); Federal: 40 CFR 
264.56(a)--State: clerical error corrections at 30.524(6)(c)1; Federal: 
40 CFR 264.70 relating to manifests--State: update of 30.541; Federal: 
40 CFR 262.41(a)(6), 264.75(h), and 265.75(h) related to toxicity and 
waste reduction under biennial reporting--State: general update of 
30.542(2)(h); Federal: Corrective Action requirements related to 40 CFR 
264.101, 264.552, 264.553 and 40 CFR 265.121--State: update of 
incorporated Federal references at 30.602(9), 30.602(10)(c)3, 
30.602(12) and 30.602(13); Federal: 40 CFR 264.1(g)(10)--State: 
clerical error correction at 30.603(1)(a); Federal: 40 CFR 264.221(b) 
regarding surface impoundments--State: update of 30.613(4)(a)1-3; 
Federal: 40 CFR 264.251(a)(2)--State: clerical error correction at 
30.641(1)(b); Federal: 40 CFR 264.273(d)--State: clerical error 
correction at 30.654(6); Federal: 40 CFR 264.193--State: clerical error 
correction at 30.694(4)(a)2; Federal: Facility location standards at 40 
CFR 264.18--State: update to provisions at 30.700 (intro.), 30.701 
(intro.), 30.701(7)(a) and 30.703 (Figure, clerical error correction); 
Federal: 40 CFR 270.1(c)(3)(i), exclusions from requirement to obtain a 
Part B permit--State: general update at 30.801(11); Federal: Content of 
Part B at 40 CFR 270.14(b)(2)--State: update of 30.804(5) to include 
hazardous debris; Federal: 40 CFR 270.14(c) Content of Part B, 
additional requirements--State: updated incorporation of Federal 
groundwater monitoring requirements at 40 CFR 265.90-265.94 by 
reference at 30.804(23)(a); Federal: 40 CFR 264.144(b) regarding annual 
inflation adjustment of cost estimate for post-closure care--State: 
revision at 30.905(2) to reflect time frame consistent with Federal 
requirement; Federal: hazardous waste requirements in 40 CFR parts 260 
to 279--State: 30.004 (effective dates for all state regulations 
utilized to meet these Federal requirements and 30.011 (general updated 
incorporation of Federal requirements by reference).
    Today's final authorization of State regulations and regulation 
changes is in addition to the previous authorizations of State 
regulations which remain part of the authorized program.

H. Where are the revised State rules different from the Federal rules?

    The most significant differences between the State rules being 
authorized and the Federal rules are summarized below. It should be 
noted that this summary does not describe every difference, or every 
detail regarding the differences that are described. Members of the 
regulated community are advised to read the complete regulations to 
ensure that they understand all of the requirements with which they 
will need to comply.
    A further explanation regarding why the EPA is today classifying 
certain State regulations as more stringent versus other State 
regulations as broader in scope than the Federal regulations is 
provided in a memorandum entitled ``More Stringent and Broader in Scope 
Determinations Made in 2010 Massachusetts RCRA Program Authorization,'' 
by Jeffry Fowley of the Office of Regional Counsel, dated June 2010. 
This memorandum has been placed in the administrative record and is 
available upon request.
    In addition to the differences between the State regulations and 
the Federal regulations as of July 1, 2008, described in items 1 and 2, 
below, the State rules are different from the current (2010) Federal 
rules in that the State has not adopted the EPA's Definition of Solid 
Waste (DSW) Rule, which took effect at the Federal level on December 
29, 2008. Since today's authorization of the State regulations 
addresses Federal

[[Page 35665]]

requirements only through July 1, 2008, and since the EPA currently is 
considering whether to revise the DSW Rule, this authorization 
rulemaking does not address the extent to which not adopting the DSW 
makes particular State requirements more stringent versus broader in 
scope. Rather, consideration of this matter is deferred.

1. More Stringent Provisions

    There are aspects of the Massachusetts program which are more 
stringent than the Federal program. Pursuant to 40 CFR 271.1(i)(1), all 
of these more stringent requirements are, or will become, part of the 
Federally enforceable RCRA program when authorized by the EPA and must 
be complied with in addition to the State requirements which track the 
minimum Federal requirements. These more stringent State requirements 
include the following: (a) The use of underground injection as a means 
of land disposal is prohibited within Massachusetts. Thus, in adopting 
the LDR requirements, Massachusetts did not adopt any provisions 
allowing such use of underground injection; (b) Massachusetts regulates 
hazardous waste pesticides discarded by farmers under its universal 
waste regulations, rather than tracking only the minimum Federal 
requirements in 40 CFR 262.70. Thus, in adopting the LDR requirements, 
Massachusetts did not adopt the exemption from LDR requirements for 
these hazardous waste pesticides; (c) Massachusetts does not allow the 
land disposal of lab packs, or ignitable or reactive hazardous wastes, 
within Massachusetts. Thus, in adopting the LDR requirements, 
Massachusetts did not adopt any provisions allowing for such land 
disposal of these wastes; (d) The waiver and variance provisions for 
surface impoundments in 40 CFR 268.4(a)(3)(ii) and (iii) are 
inapplicable in Massachusetts. Also, variances from the treatment 
standards in 40 CFR 268.44(h) through (o) are not granted by 
Massachusetts; (e) Massachusetts generally does not allow generators to 
treat without permits/licenses in containers and tanks. Thus, in 
adopting the LDR requirements, Massachusetts did not adopt any 
provisions allowing for such treatment; and (f) Massachusetts does not 
allow generators or permitted/licensed facilities to operate 
containment buildings. Thus, in adopting the LDR requirements, 
Massachusetts did not adopt any provisions allowing for such entities 
to operate containment buildings.

2. Broader-in-Scope Provisions

    There are also aspects of the Massachusetts program which are 
broader in scope than the Federal program. Pursuant to 40 CFR 
271.1(i)(2), the portions of the State requirements which are broader 
in scope are not authorized by EPA and are not considered to be part of 
the Federally enforceable RCRA program. However, they are fully 
enforceable under State law and must be complied with by sources in 
Massachusetts. These broader-in-scope State requirements include the 
following: (a) Massachusetts has not adopted the mixture and derived 
from rule revisions enacted by EPA on May 16, 2001, at 66 FR 27266, 
except that Massachusetts has adopted an exemption for medicinal 
nitroglycerine equivalent to the EPA exemption. Thus, except for 
medicinal nitroglycerine, Massachusetts is continuing to regulate as 
listed wastes the waste mixtures and derived from wastes excluded from 
Federal regulation by the EPA on May 16, 2001.

I. Who handles permits after the authorization takes effect?

    Massachusetts will issue permits for provisions for which it is 
authorized and will administer the permits it issues. However, EPA will 
continue to administer and enforce any RCRA and HSWA (Hazardous and 
Solid Waste Act) permits or portions of permits which it has issued in 
Massachusetts prior to the effective date of this authorization. EPA 
will not issue any more new permits, or new portions of permits, for 
the provisions listed in this document above after the effective date 
of this authorization. EPA will continue to implement and issue permits 
for any HSWA requirements for which Massachusetts is not yet 
authorized.

J. How does this action affect Indian country (18 U.S.C. 115) in 
Massachusetts?

    Massachusetts is not authorized to carry out its hazardous waste 
program in Indian country within the State (land of the Wampanoag 
tribe). Therefore, EPA will continue to implement and administer the 
RCRA program in these lands.

K. What is codification and is EPA codifying Massachusetts's hazardous 
waste program as authorized in this rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. We do this by referencing 
the authorized State rules in 40 CFR part 272. We reserve the amendment 
of 40 CFR part 272, subpart W for this authorization of Massachusetts' 
program until a later date.

L. Administrative Requirements

    The Office of Management and Budget has exempted this action (RCRA 
State Authorization) from the requirements of Executive Order 12866 (58 
FR 51735, October 4, 1993); therefore, this action is not subject to 
review by OMB. This action authorizes State requirements under RCRA 
3006 and imposes no additional requirements beyond those imposed by 
State law. Accordingly, I certify that this action will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this action authorizes pre-existing requirements under State law and 
does not impose any additional enforceable duty beyond that required by 
State law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this 
action also does not significantly or uniquely affect the communities 
of Tribal governments, as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000). This action will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely authorizes State requirements as part of the State RCRA 
hazardous waste program without altering the relationship or the 
distribution of power and responsibilities established by RCRA. This 
action also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997) because it is not economically significant as it approves a 
state program and, thus, does not make decisions based on environmental 
health or safety risks. This rule is not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) 
because it is not a significant regulatory action under Executive Order 
12866.
    Under RCRA 3006(b), EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a State

[[Page 35666]]

authorization application, to require the use of any particular 
voluntary consensus standard in place of another standard that 
otherwise satisfies the requirements of RCRA. Thus, the requirements of 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
rule, EPA has taken the necessary steps to eliminate drafting errors 
and ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. EPA has complied with Executive Order 
12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the executive order. This rule 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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. EPA will submit a report containing this document 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 in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
action nevertheless will be effective 60 days after it is published in 
the Federal Register because it is an immediate final rule.

List of Subjects in 40 CFR Part 271

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

    Authority:  This action is issued under the authority of 
sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act 
as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: June 8, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
[FR Doc. 2010-15255 Filed 6-22-10; 8:45 am]
BILLING CODE 6560-50-P