[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Rules and Regulations]
[Pages 50932-50933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20469]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2010-0468-FRL-9190-6]


Massachusetts: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Commonwealth of Massachusetts applied to EPA for final

[[Page 50933]]

authorization of certain changes to its hazardous waste program under 
the Resource Conservation and Recovery Act (RCRA). EPA determined that 
these changes satisfy all requirements needed to qualify for final 
authorization and recently authorized the State's changes through an 
immediate final action. In the immediate final action, EPA also stated 
that ``Massachusetts is not authorized to carry out its hazardous waste 
program in Indian country.'' An adverse comment was filed regarding 
this determination (but not otherwise challenging the authorization 
decision). Therefore, EPA is today responding to this comment and 
making a final decision that the updated authorization does not apply 
to Indian country. In addition, EPA is correcting an error in the 
immediate final action rule.

DATES: The authorization of Massachusetts' program revisions shall 
continue to take effect on August 23, 2010 as provided in the immediate 
final rule. Today's decision that the updated authorization does not 
apply to Indian country also will be final, effective August 23, 2010.

ADDRESSES: 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 http://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 http://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, 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: The Massachusetts program revisions 
authorized by EPA through the recent immediate final action are 
identified in the immediate final rule, 75 FR 35660 (June 23, 2010). 
Since no adverse comments were received regarding EPA's decision to 
authorize these revisions, the decision to authorize the revisions is 
not being withdrawn and will continue to take effect on August 23, 2010 
as provided in the immediate final rule.
    However, in the immediate final rule, EPA also stated that 
``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.'' Id. at 35665. An adverse comment was 
received regarding this determination, worded as follows: ``Through 
federalism, Massachusetts as one of the 50 sovereign united States, 
should have the authority to protect its residents from hazardous waste 
contaminating our water and air within our boundaries. Whenever the 
Massachusetts regulations exceed the Federal regulations or are 
broader, the EPA through comity should be enforcing the higher 
Massachusetts standards within Indian country.'' Since an adverse 
comment was received on this issue, the determination regarding whether 
the authorization applies within Indian country will not take effect as 
a final decision based on the immediate final rule. Rather, EPA instead 
has considered the comment and is making its final determination 
regarding the effect of the authorization decision on Indian country in 
today's final rule.
    Massachusetts has not applied for authority to operate its RCRA 
program within Indian country. In the absence of any request from the 
State, the EPA has no occasion for considering whether it would grant 
Massachusetts such authority. Thus, in the absence of any request from 
the State, the EPA cannot agree with the commenter that Massachusetts 
should be granted the authority to operate its program in Indian 
country. Rather, the EPA administered RCRA program will continue to 
apply in those lands.
    The EPA also cannot agree with the commenter that it should be 
enforcing the Massachusetts requirements rather than the Federal RCRA 
requirements, within Indian country. As a legal matter, for areas where 
the EPA directly administers the RCRA program, the EPA must enforce its 
own requirements rather than a State's requirements.
    Thus, the EPA is today making the final determination that 
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. This determination affects only the land 
in the town of Gay Head (Aquinnah), Massachusetts, taken into trust by 
the Department of the Interior for the Wampanoag Tribal Council of Gay 
Head, Inc., as authorized by the Wampanoag Tribal Council of Gay Head, 
Inc., Indian Claims Settlement Act of 1987. See 25 U.S.C. 1771-1771i.
    In addition, EPA is today correcting an error in the immediate 
final action rule. At page 35664 of that rule, the EPA authorized the 
State to regulate waste codes P188, Physostigmine Salicylate, and P204, 
Physostigmine, under Checklist 140. However, on page 35663 of that 
rule, the EPA erroneously stated that the State was not being 
authorized for those two waste codes. This incorrect statement should 
be disregarded. The authorization of the State to regulate those two 
waste codes will take effect on August 23, 2010, along with the rest of 
the immediate final rule.
    The ways in which the EPA has complied with various administrative 
requirements regarding the authorization action is set out in part L. 
of the immediate final rule. No further steps are required in order to 
make today's final determination.

List of Subjects in 40 CFR Part 271

    Environmental protection, Hazardous waste, Indian lands.

    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: August 9, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
[FR Doc. 2010-20469 Filed 8-17-10; 8:45 am]
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