[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Pages 59503-59510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20849]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R03-RCRA-2015-0674; FRL-9951-51-Region 3]


Maryland: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: Maryland has applied to the United States Environmental 
Protection Agency (EPA) for final authorization of revisions to its 
hazardous waste program under the Resource Conservation and Recovery 
Act (RCRA). EPA has determined that these revisions satisfy all 
requirements needed to qualify for final authorization and is 
authorizing Maryland's revisions through this direct final rule. In the 
``Proposed Rules'' section of today's Federal Register, EPA is also 
publishing a separate document that serves as the proposal to authorize 
these revisions. EPA believes this action is not controversial and does 
not expect comments that oppose it. Unless EPA receives written 
comments that oppose this authorization during the comment period, the 
decision to authorize Maryland's revisions to its hazardous waste 
program will take effect. If EPA receives comments that oppose this 
action, EPA will publish a document in the Federal Register withdrawing 
today's direct final rule before it takes effect and the separate 
document in today's ``Proposed Rules'' section of this Federal Register 
will serve as the proposal to authorize the revisions.

DATES: This final authorization will become effective on October 31, 
2016, unless EPA receives adverse written comments by September 29, 
2016. If EPA receives any such comments, EPA will publish a timely 
withdrawal of this direct final rule in the Federal Register and inform 
the public that this authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
RCRA-2015-0674, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: [email protected].
    3. Mail: Stacie Pratt, Mailcode 3LC50, Office of State Programs, 
U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2029.
    4. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    You may inspect and copy Maryland's application from 8:00 a.m. to 
4:30 p.m., Monday through Friday at the following locations: Maryland 
Department of the Environment, Land Management Administration, Resource 
Management Program, 1800 Washington Blvd., Suite 610, Baltimore, 
Maryland 21230-1719, Phone number: (410) 537-3314, attn: Ed Hammerberg; 
and EPA Region III, Library, 2nd Floor, 1650 Arch Street, Philadelphia, 
PA 19103-2029, Phone number: (215) 814- 5254.
    Instructions: Direct your comments to Docket ID No. EPA-R03-RCRA-
2015-0674. 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 other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or 
email. The Federal regulations Web site, http://www.regulations.gov, 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 email comment directly to EPA without 
going through http://www.regulations.gov, your email 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 www.epa.gov/epahome/dockets.htm).
    Docket: All documents in the docket are listed in the http://www.regulation.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov or in hard copy.

FOR FURTHER INFORMATION CONTACT: Stacie Pratt, Mailcode 3L50, Office of 
State Programs, U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 
19103-2029; Phone: 215-814-5173.

SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States that 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 is revised to become 
more stringent or broader in scope, States must revise their programs 
and apply to EPA to authorize the revisions. Authorization of revisions 
to State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other revisions occur. 
Most commonly, States must revise their programs because of revisions 
to EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273 and 279.

B. What decisions has EPA made in this rule?

    On July 31, 2015, Maryland submitted a final program revision 
application (with subsequent corrections) seeking authorization of 
revisions to its hazardous waste program that correspond to certain 
Federal rules promulgated between January 14, 1985 and August 5, 2005. 
EPA concludes that Maryland's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA, as set forth in RCRA section 3006(b), 42 U.S.C 
6926(b), and 40 CFR part 271. Therefore, EPA grants Maryland final 
authorization to operate its hazardous waste program with the revisions 
described in its

[[Page 59504]]

authorization application, and as outlined below in Section G of this 
document.
    Maryland has responsibility for permitting treatment, storage, and 
disposal facilities (TSDFs) within its borders and for carrying out the 
aspects of the RCRA program described in its 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 those HSWA requirements and 
prohibitions for which Maryland has not been authorized, including 
issuing HSWA permits, until the State is granted authorization to do 
so.

C. What is the effect of today's authorization decision?

    This action serves to authorize revisions to Maryland's authorized 
hazardous waste program. This action does not impose additional 
requirements on the regulated community because the regulations for 
which Maryland is being authorized by today's action are already 
effective and are not changed by today's action. Maryland has 
enforcement responsibilities under its state hazardous waste program 
for violations of its program, but EPA retains its authority under RCRA 
sections 3007, 3008, 3013, and 7003, which include, among others, 
authority to:
     Perform inspections, and require monitoring, tests, 
analyses or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions regardless of whether Maryland 
has taken its own actions.

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

    Along with this direct final rule, EPA is publishing a separate 
document in the ``Proposed Rules'' section of today's Federal Register 
that serves as the proposal to authorize these State program revisions. 
EPA did not publish a proposal before today's rule because EPA views 
this action as a routine program change and does not expect comments 
that oppose its approval. EPA is providing an opportunity for public 
comment now, as described in Section E of this document.

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

    If EPA receives comments that oppose this authorization, EPA will 
withdraw today's direct final rule by publishing a document in the 
Federal Register before the rule becomes effective. EPA will base any 
further decision on the authorization of Maryland's program revisions 
on the proposal mentioned in the previous section, after considering 
all comments received during the comment period. EPA will then address 
all such comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you must do so at this time.
    If EPA receives comments that oppose only the authorization of a 
particular revision to the State's hazardous waste program, EPA will 
withdraw that part of this rule, but the authorization of the program 
revisions 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 Maryland previously been authorized for?

    Maryland initially received final authorization effective February 
11, 1985 (50 FR 3511; January 25, 1985) to implement its base hazardous 
waste management program. EPA granted authorization for revisions to 
Maryland's regulatory program on June 1, 2001, effective July 31, 2001 
(66 FR 29712), and on July 26, 2004, effective September 24, 2004 (69 
FR 44463).

G. What revisions is EPA authorizing with this action?

    On July 31 2015, Maryland submitted a final program revision 
application (with subsequent corrections), seeking authorization of 
additional revisions to its program in accordance with 40 CFR 271.21. 
Maryland's revision application includes various regulations that are 
equivalent to, and no less stringent than, selected Federal final 
hazardous waste rules, as published in the Federal Register between 
January 14, 1985 and August 5, 2005.
    EPA now makes a direct final regisule, subject to receipt of 
written comments that oppose this action, that Maryland's hazardous 
waste program revision application satisfies all of the requirements 
necessary to qualify for final authorization. Therefore, EPA grants 
Maryland final authorization for the following program revisions:

1. Program Revision Changes for Federal Rules

    Maryland seeks authority to administer the Federal requirements 
that are listed in Table 1 below. This table lists the Maryland analogs 
that are being recognized as no less stringent than the analogous 
Federal requirements. Note that the Federal rules listed in Table 1 may 
include revisions related to the land disposal restriction (LDR) 
regulations. Maryland has not adopted, and is not seeking authorization 
for, the LDR regulations.
    Maryland's regulatory references are to Title 26, Subtitle 13 of 
the Code of Maryland Regulations (COMAR), Chapters 01 through 10, as 
amended effective November 12, 2010. The State's statutory authority 
for its hazardous waste program is based on the Environment Article of 
the Annotated Code of Maryland (2013 Replacement Volume and 2014 
Supplement), and the State Government Article of the Annotated Code of 
Maryland (2014 Replacement Volume). Maryland's application also 
includes a revised Program Description, which provides a description of 
the hazardous waste regulatory program in Maryland.

         Table 1--Maryland's Analogs to the Federal Requirements
------------------------------------------------------------------------
    Description of Federal
     requirement (revision       Federal Register    Analogous Maryland
        checklists \1\)                                  authority
------------------------------------------------------------------------
                             HSWA Cluster I
------------------------------------------------------------------------
Dioxin Waste Listing and        50 FR 1978, 1/14/  COMAR
 Management Standards,           85.                26.13.02.05C(1)*,
 Revision Checklist 14.                             .05C(2)* .05C(5)*,
                                                    .05C(6)(a),
                                                    .05C(7)*, .07B(1)
                                                    introductory
                                                    paragraph*, .07B(3)
                                                    introductory
                                                    paragraph*, .15E
                                                    introductory
                                                    paragraph, .15E(1),
                                                    .16, .19G, .22 Table
                                                    1, .22 Table 3, .23,
                                                    .24;

[[Page 59505]]

 
                                                   26.13.05.09H(4)
                                                    introductory
                                                    paragraph, .09H(5),
                                                    .11K(1), .11K(2),
                                                    .12J(1), .12J(2),
                                                    .13N(1), .13N(2),
                                                    .14P(1), .14P(2),
                                                    .16F(1)(a) and
                                                    16F(1)(b);
                                                   26.13.06.01A(6),
                                                    .23C, .24B(1);
                                                   26.13.07.02D(21), .02-
                                                    3B(9), .02-4B(17),
                                                    .02-5B(10), .02-
                                                    7B(7), .02-8B(8).
                                                   (More stringent
                                                    provisions:
                                                    26.13.06.01A(6),
                                                    .23C, .24B(1)).
                                                   *Certain portions of
                                                    the regulations are
                                                    considered broader
                                                    in scope; see
                                                    discussion in
                                                    Section H.1(a).
Location Standards for Salt     50 FR 28702, 7/15/ COMAR 26.13.05.02-1F
 Domes, Salt Beds, Underground   85.                and 26.13.06.02G.
 Mines and Caves, Revision
 Checklist 17E.
Ground-Water Monitoring,        50 FR 28702, 7/15/ COMAR
 Revision Checklist 17I.         85.                26.13.05.06A(3),
                                                    .11G(2)(b).
                                                   (More stringent
                                                    provisions
                                                    26.13.05.11(G)(4),
                                                    .12.E(4)(b),
                                                    .14C(2)(b)).
Pre-construction Ban, Revision  50 FR 28702, 7/15/ COMAR 26.13.07.01B.
 Checklist 17M.                  85.
                                                   (More stringent
                                                    provisions:
                                                    26.13.07.01B, no
                                                    State analog to 40
                                                    CFR 270.10(f)(3)).
Permit Life, Revision           50 FR 28702, 7/15/ COMAR 26.13.07.06.A
 Checklist 17N.                  85.                and .06C.
Research and Development        50 FR 28702, 7/15/ COMAR 26.13.07.02A
 Permits, Revision Checklist     85.                and .19.
 17Q.
Exposure Information, Revision  50 FR 28702, 7/15/ COMAR 26.13.07.02C
 Checklist 17S.                  85.                and .02D(37).
------------------------------------------------------------------------
                             HSWA Cluster II
------------------------------------------------------------------------
Permit Modification, Revision   52 FR 45788, 12/1/ COMAR
 Checklist 44D.                  87.                26.13.07.11B(3).
Permit Conditions to Protect    52 FR 45788, 12/1/ COMAR
 Human Health and the            87.                26.13.07.02D(36).
 Environment, Revision
 Checklist 44F.
Land Disposal Restrictions for  55 FR 22520, 6/1/  COMAR 26.13.02.10B,
 Third Third Scheduled Wastes,   90.                .11B, .12B, .13B,
 Revision Checklist 78 \2\.                         .14B, .16A/Table,
                                                    .19C, .23/Table.
------------------------------------------------------------------------
  (This checklist is HSWA Cluster II, with the exception of clarifying
        amendment to 261.33(c) which is in non-HSWA Cluster VI.)
------------------------------------------------------------------------
                            RCRA Cluster III
------------------------------------------------------------------------
Land Disposal Restrictions for  57 FR 37194, 8/18/ COMAR 26.13.01.03.B(9-
 Newly Listed Wastes and         92.                1), .03.B(53), and
 Hazardous Debris; Containment                      .03.B(63);
 Buildings, Revision Checklist                     26.13.02.03.A(2)(c),
 109 \2\.                                           .03.C-1(3)
                                                    introductory
                                                    paragraph through
                                                    (3)(d), .03.C-
                                                    1(3)(e)-(g), .03E
                                                    introductory
                                                    paragraph, .03E(1),
                                                    and .03(E)(2);
                                                   26.13.03.05.E(1)(b)(i
                                                    ii), 05.E(1)(b)(iv),
                                                    .05.E(1)(e),
                                                    .05.E(1)(l)(i),
                                                    .05.E(1)(l)(iii),
                                                    .05.E(1)(m),
                                                    .05.E(1)(n),
                                                    .05.E(4);
                                                   26.13.05.07.A(2)(a)-(
                                                    d), .07.B(3),
                                                    .07.C(1)(b), .08.A,
                                                    .18, .18-1, .18-
                                                    2(A), .18-2(B), .18-
                                                    2(C)(1)-(2), .18-
                                                    2(D)-(F), .18-3;
                                                   26.13.06.12A(1)-(4),
                                                    .07B(3), .08E(10),
                                                    .16A, .29;
                                                   26.13.07.13-2A(12)
                                                    and .23.C(3)(f).
                                                   (More stringent
                                                    provisions:
                                                    26.13.07.13-2A(12);
                                                    no State analogs to
                                                    40 CFR
                                                    270.42(e)(iii)(B)
                                                    and 270.42 Appendix
                                                    I Item I(6).)
Toxicity Characteristic         57 FR 23062, 6/1/  COMAR
 Amendment, Revision Checklist   92.                26.13.02.03A(2)(a)
 117B.                                              and .03A-1.
------------------------------------------------------------------------
                             RCRA Cluster IV
------------------------------------------------------------------------
Revision of Conditional         59 FR 8362, 2/18/  COMAR 26.13.02.04-
 Exemption for Small Scale       94.                4B(1)-(2), .04-4C,
 Treatability Studies,                              .04-4D, .04-4E, .04-
 Revision Checklist 129.                            5A(3)-(5), and .04-
                                                    5A(11)(b).
------------------------------------------------------------------------
                             RCRA Cluster V
------------------------------------------------------------------------
Recovered Oil Exclusion,        59 FR 38536, 7/28/ COMAR 26.13.02.03C-
 Revision Checklist 135 \3\.     94.                1(2), .04A(15) and
                                                    (16), .06A-1(1)(c)
                                                    and Agency Note, and
                                                    .06A-1(2)(c)-(e).
------------------------------------------------------------------------
Removal of the Conditional      59 FR 43496, 8/24/ COMAR
 Exemption for Certain Slag      94.                26.13.10.01A(4).
 Residues, Revision Checklist
 136 \2\.
Carbamate Production            60 FR 7824, 2/9/   COMAR 26.13.02.03A-
 Identification and Listing of   95; as amended     2(5)-(7), .03C-1(4),
 Hazardous Waste, Revision       at 60 FR 19165,    .17, .19E, .19G, .23
 Checklist 140.                  4/17/95, and at    and .24.
                                 60 FR 25619, 5/
                                 12/95.
------------------------------------------------------------------------

[[Page 59506]]

 
                             RCRA Cluster VI
------------------------------------------------------------------------
RCRA Expanded Public            60 FR 63417, 12/   COMAR 26.13.01.03B(23-
 Participation, Revision         11/95.             1);
 Checklist 148 \3\.                                 26.13.07.02D(39),
                                                    .04N, .14A(5),
                                                    .17B(7)-(12), .17D,
                                                    .19-1, .19-2A, .19-
                                                    2B, .20-2A(5)-(6),
                                                    .20-2D(4), .20-
                                                    2E(1)(d)-(f), .20-
                                                    2F(1)(a),
                                                    .20F(1)(d),
                                                    .20F(1)(h), .20-
                                                    2F(3) and .20-3.
                                                   (More Stringent
                                                    Provisions: COMAR
                                                    26.13.07.17B(12)(c),
                                                    .20-2A(5)-(6), .20-
                                                    2F(3), .20-3.)
Amendments to the Definition    61 FR 13103, 3/26/ COMAR
 of Solid Waste; Amendment II,   96.                26.13.02.04A(15)-(16
 Revision Checklist 150.                            ).
------------------------------------------------------------------------
                            RCRA Cluster VII
------------------------------------------------------------------------
Military Munitions Rule,        62 FR 6622, 2/12/  COMAR 26.13.01.03B(2-
 Revision Checklist 156.         97.                1), .03B(5-1),
                                                    .03B(22-2)-.03B(22-4
                                                    ), .03B(37-1),
                                                    .03B(51-1), .03B(51-
                                                    2), .03B(51-3),
                                                    .03B(69-1), .03B(87-
                                                    2);
                                                   26.13.02.02A(2)(c)-(d
                                                    );
                                                   26.13.03.01J,
                                                    .04A(6);
                                                   26.13.04.01A(4)-(5);
                                                   26.13.05.01A(2)(d)-(e
                                                    ), .01A(3)(h)(iv),
                                                    .01D(5)-(6),
                                                    .05A(2), .21;
                                                   26.13.06.01A(2)(d)-(e
                                                    ), .01A(4)(h)(iv),
                                                    .01A(5)(b)-(c),
                                                    .05A, .28;
                                                   26.13.07.01A, .13-1C;
                                                   26.13.10.27*, .10.28B-
                                                    D, .10.29-.31.
                                                   *Certain portions of
                                                    the regulations are
                                                    considered broader
                                                    in scope; see
                                                    discussion in
                                                    Section H.1(b).
Land Disposal Restrictions      62 FR 25998, 5/12/ COMAR
 Phase IV, Revision Checklist    97.                26.13.02.01C(3)(b)-(
 157 \2\.                                           e), .02G/Table 1,
                                                    .04A(11), .04A(12),
                                                    .06A-1(2)(b).
Conformance With the Carbamate  62 FR 32974, 6/17/ COMAR 26.13.02.17A/
 Vacatur, Revision Checklist     97.                Table, .19G, .23/
 159 \2\.                                           Table, and .24.
------------------------------------------------------------------------
                            RCRA Cluster VIII
------------------------------------------------------------------------
Kraft Mill Steam Stripper       63 FR 18504, 4/15/ COMAR
 Condensate Exclusion,           98.                26.13.02.04A(14).
 Revision Checklist 164.
------------------------------------------------------------------------
                             RCRA Cluster IX
------------------------------------------------------------------------
Petroleum Refining Process      63 FR 42110, 8/6/  COMAR 26.13.02.03A-
 Wastes, Revision Checklist      98.                2(3), .03C-1(2),
 169 \2\ \3\.                                       .03C-1(5), .04A(15)-
                                                    (18), .06A-1(2)(e),
                                                    .16A, .17A/Table,
                                                    and .23/Table.
Petroleum Refining Process      64 FR 6806, 2/11/  COMAR 26.13.02.04-
 Wastes--Leachate Exemption,     99.                1A(16) introductory
 Revision Checklist 178.                            language and (a)-(e)
                                                    and .02.04-1A-1.
------------------------------------------------------------------------
                             RCRA Cluster X
------------------------------------------------------------------------
Land Disposal Restrictions....  64 FR 56469, 10/   COMAR 26.13.02.17A/
Phase IV--Technical              20/99.             Table.
 Corrections, Revision
 Checklist 183 \2\.
Petroleum Refining Process      65 FR 36365, 6/8/  COMAR 26.13.02.16A/
 Wastes Clarification,           00.                Table.
 Revision Checklist 187 \2\.
------------------------------------------------------------------------
                             RCRA Cluster XI
------------------------------------------------------------------------
Chlorinated Aliphatics Listing  65 FR 67068, 11/8/ COMAR 26.13.02.17A/
 and LDRs for Newly Identified   00.                Table, .23/Table,
 Wastes, Revision Checklist                         and .24.
 189 \2\.
Mixture and Derived--From       66 FR 27266, 5/16/ COMAR
 Rules Revisions, Revision       01.                26.13.02.03A(2)(c),
 Checklist 192A.                                    .03A(2)(d), .03A-2,
                                                    .03C(2)(a), .03F
                                                    introductory
                                                    language and (1)-
                                                    (2).
                                                   (More Stringent
                                                    Provisions: COMAR
                                                    26.13.02.03C(2)(a).)
------------------------------------------------------------------------
                            RCRA Cluster XII
------------------------------------------------------------------------
Mixture and Derived--From       66 FR 50332, 10/3/ COMAR
 Rules Revision II, Revision     01.                26.13.02.03A(2)(d),
 Checklist 194.                                     .03A-2, and .03F(3).
Inorganic Chemical............  66 FR 58258, 11/   COMAR 26.13.02.04-
Manufacturing Wastes..........   20/01.             1A(16)(a)-(e), .04-
Identification and Listing,...                      1A-1, .17A/Table,
Revision Checklist 195 \2\....                      and .23 Table.

[[Page 59507]]

 
Vacatur of Mineral Processing   67 FR 11251, 3/13/ COMAR 26.13.02.02C(3)
 Spent Materials Being           02.                and .14A.
 Reclaimed as Solid Wastes and
 TCLP Use With MGP Waste,
 Revision Checklist 199.
------------------------------------------------------------------------
                             RCRA Cluster XV
------------------------------------------------------------------------
Uniform Hazardous Waste         70 FR 10776, 3/4/  COMAR
 Manifest Rule, Revision         05; as amended     26.13.01.03B(12),
 Checklist 207.                  70 FR 35034, 6/    .03B(50)-(51),
                                 16/05.             .03B(55-1-1);
                                                   26.13.02.07B(1)(b)(i)
                                                    -(ii);
                                                   26.13.03.04(A)(1),.04
                                                    B(1)(b),
                                                    .04B(1)(c)(i)-(ii),
                                                    .04B(1)(d)-(e),
                                                    .04(B)(2)(a)(ii),
                                                    .04B(2)(b)-(d),
                                                    .04B(3)-(6), .04C,
                                                    .04D(2)(e),
                                                    .04F(2)(a)-(b),
                                                    .05C(2), .05D,
                                                    .05E(4), .07-2A(3)
                                                    and (5), .07-3B(3)-
                                                    (4), .07-3C;
                                                   26.13.04.02A(1),
                                                    .02A(7), .02B(2)-
                                                    (4);
                                                   26.13.05.05A(2)-(3),
                                                    .05B(1)(a)-(d) and
                                                    (f)-(g), .05B(2)(d),
                                                    .05B(5), .05C, .05G;
                                                   26.13.06.05A.
------------------------------------------------------------------------
                            RCRA Cluster XVI
------------------------------------------------------------------------
Universal Waste Rule: Specific  70 FR 45508, 8/5/  26.13.01.03B(2-2),
 Provisions for Mercury          2005.              .03B(46-1), .03B(51-
 Containing Equipment,                              2), .03B(72-2),
 Revision Checklist 209 \2\.                        .03B(89-1);
                                                   26.13.02.07-1B(3);
                                                   26.13.05.01A(3);
                                                   26.13.06.01A(4)(j)(ii
                                                    i);
                                                   26.13.07.01A;
                                                   26.13.10.06B(3);
                                                   26.13.10.09, .14,
                                                    .17A(2)(d), .17A(3),
                                                    .19C(1)(a)(iv)-(v),
                                                    .20C, and .21A.
------------------------------------------------------------------------
\1\ A Revision Checklist is a document that addresses the specific
  revisions made to the Federal regulations by one or more related final
  rules published in the Federal Register. EPA develops these checklists
  as tools to assist States in developing their authorization
  applications and in documenting specific State analogs to the Federal
  regulations. For more information see EPA's RCRA State Authorization
  Web page at http://www.epa.gov/osw/laws-regs/state/index.htm.
\2\ Maryland is not seeking authorization for the provisions related to
  the Land Disposal Restriction (LDR) regulations because Maryland has
  not adopted the LDR regulations.
\3\ Maryland is not seeking authorization for the provisions related to
  the Boiler and Industrial Furnace (BIF) regulations because Maryland
  has not adopted these regulations.

2. State-Initiated Changes

    Maryland's program revision application includes State-initiated 
changes that are not directly related to any of the Revision Checklists 
in Table 1. Each State-initiated change is related to one of the 
following: (1) The adoption of a provision that makes internal 
clarification and conforming changes to the State's regulations, (2) 
adoption of a provision that makes the State's regulations, which had 
been more stringent, now equivalent to the Federal hazardous waste 
regulations, or (3) correction of typographical errors. EPA has 
evaluated the changes and has determined that the State's regulations 
remain consistent with, and are no less stringent than, the 
corresponding Federal regulations. EPA grants Maryland final 
authorization for the State provisions listed in Table 2. These 
requirements are analogous to the indicated Federal RCRA regulations 
found at relevant or applicable 40 CFR sections as of July 1, 2005.

               Table 2--Equivalent State-Initiated Changes
------------------------------------------------------------------------
         State citation (COMAR)           Federal RCRA citation (40 CFR)
------------------------------------------------------------------------
26.13.02.05D(2)(c)(iv).................  No direct Federal analog.
                                          Related to 40 CFR 261.5(g)(3).
26.13.02.11A(3), A(4), and C;            40 CFR 261.21(a)(3); No Federal
 26.13.02.11-1.                           analog to 26.13.02.11-1.
26.13.02.13A(8) and C..................  40 CFR 261.23(a)(8).
26.13.03.07-5A(2)......................  262.58(a).
26.13.06.01A(4)(k).....................  265.1(c)(13).
26.13.07.20-2F(3)(e)...................  No Federal analog in 40 CFR
                                          124.32.
26.13.10.03A...........................  266.70(a).
26.13.10.04C...........................  266.80.
26.13.10.26............................  No Federal analog in 40 CFR
                                          273.
------------------------------------------------------------------------


[[Page 59508]]

H. Where are the revised Maryland rules different from the federal 
rules?

1. Maryland Requirements That Are Broader in Scope

    The Maryland hazardous waste program contains certain provisions 
that are broader in scope than the Federal program. These broader in 
scope provisions are not part of the program being authorized by 
today's action. EPA cannot enforce requirements that are broader in 
scope, although compliance with such provisions is required by Maryland 
law. Examples of broader in scope provisions of Maryland's program 
include, but are not limited to, the following:
    (a) COMAR 26.13.02.05C(1) and (2), .05.C(5), .05C(6)(b), .05C(7), 
.07B(1) introductory paragraph, .07B(3) introductory paragraph, and 
.15E(2) (part of the State's analogs to 40 CFR 261.5(e), 261.7(b), and 
261.30(d)) contain references to polychlorinated biphenyls (PCBs) and 
to State-only wastes listed at COMAR 26.13.02.17 (K991 through K999; 
military wastes), COMAR 26.13.02.18 (MD01: a type of Filter cake and 
chemical sludge) and COMAR 26.13.02.19.F (M001: PCBs above 500 parts 
per million (ppm), which is regulated under the Toxic Substances and 
Control Act (TSCA)). The portions of these provisions that are 
associated with the State-only wastes and the PCBs above 500 ppm go 
beyond the scope of the Federal program because PCBs and the State-only 
wastes are not Federal hazardous wastes and, thus, are not part of the 
program being authorized by today's action.
    (b) At COMAR 26.13.10.27B(3)(a)-(b), Maryland has included as solid 
wastes those unused military munitions that have been abandoned by 
being treated ((3)(a)(v)) or removed from storage and treated 
((3)(b)(iii)). The Federal analogs at 40 CFR 266.202(b)(1) and (2) do 
not include treatment alone as a requirement for becoming a solid 
waste. Instead, treatment is used in the context of the step prior to 
disposal (see 56 FR 6626). As such, Maryland's requirements at COMAR 
26.13.10.27B(3)(a)(v) and 26.13.10.27B(3)(b)(iii) are broader in scope 
than the Federal program, where an unused munition that is subject to 
chemical treatment without disposal would not be regulated as a solid 
waste.
    (c) Maryland has not adopted the mixed waste rule (66 FR 27218). 
Therefore, Maryland does not have an analog to 40 CFR 261.3(h), which 
exempts eligible radioactive mixed waste from regulation as a hazardous 
waste. As a result, Maryland's regulations is broader in scope than the 
Federal program because eligible radioactive mixed wastes are not 
Federal hazardous wastes and, thus, are not part of the program being 
authorized by today's action.
    (d) Maryland has not adopted the vacatur of mineral processing 
spent materials being reclaimed as solid wastes. Therefore, Maryland 
does not have an analog to 40 CFR 261.4(a)(17). By regulating these 
materials, Maryland's program is broader in scope than the Federal 
program because these materials are not Federal solid wastes and, thus, 
are not part of the program being authorized by today's action.

2. Maryland Requirements That Are More Stringent Than the Federal 
Program

    Maryland's hazardous waste program contains several provisions that 
are more stringent than the RCRA program. The more stringent provisions 
are part of a Federally-authorized program and are, therefore, 
Federally-enforceable. The specific more stringent provisions are also 
noted in Table 1 and in Maryland's authorization application. They 
include, but are not limited to, the following:
    (a) Maryland has not adopted analogs to the Federal provisions at 
40 CFR 265.1(d)(1)(iv)-(v), which allow dioxin wastes to be burned in 
certain incinerators and facilities that thermally treat the waste in 
other devices. Maryland has replaced these provisions with a provision 
at COMAR 26.13.06.01.A(6)(d) that allows dioxin wastes to be managed at 
a permitted facility, thus making Maryland's regulations more 
stringent.
    (b) The Federal regulations at 40 CFR 265.352 and 265.383 allow 
owners and operators of incinerators and thermal treatment devices who 
have received the required certification to burn EPA hazardous wastes 
F020, F021, F022, F023, F026, or F027. However, Maryland's regulations 
at COMAR 26.13.06.23C and .24.B(1) prohibit the burning of such wastes, 
thus making Maryland's regulations more stringent.
    (c) Maryland did not adopt an analog to the Federal provision at 40 
CFR 270.10(f)(3), which was removed by the July 15, 1985 rule (50 FR 
28702), nor has Maryland adopted the optional provision introduced by 
the July 15, 1985 rule at 40 CFR 270.10(f)(3). As a result, COMAR 
26.13.07.01B, which is Maryland's analog to 40 CFR 270.10(f)(1), does 
not include the phrase analogous to ``except as provided in paragraph 
(f)(3) of this section.'' The Federal provision at 40 CFR 270.10(f)(3) 
allows a person to construct a facility for the incineration of PCBs 
without a RCRA permit if an approval has been issued under TSCA. 
Without this exemption, Maryland's regulations are more stringent.
    (d) Certain provisions of Maryland's regulations pertaining to 
containment buildings are considered more stringent than the Federal 
requirements. These provisions include:
     Maryland has not adopted an analog to 40 CFR 270.42(e), 
which allows the Director to grant a permittee a temporary 
authorization without prior public notice and comment. Maryland's 
regulations are considered more stringent because it does not provide 
for temporary authorizations.
     The Federal regulations at 40 CFR 270.42 Appendix I 
classify the conversion of an enclosed waste pile to a containment 
building as a Class 2 modification. Unlike the Federal regulations, 
which have three classes of permit modifications, Maryland only lists 
minor modifications in COMAR 26.13.07.13-2. Any modification not listed 
in COMAR 26.13.07.13-2 is a major modification in Maryland. Maryland's 
regulations are more stringent because it treats this Class 2 
modification in the Federal regulations as a major modification.
     Maryland has adopted the Federal Class 1 modifications of 
40 CFR 270.42 Appendix I as part of its minor modifications. Maryland's 
regulations are more stringent because it treats the Federal Class 2 
and 3 permit modifications for containment buildings as major 
modifications.
    (e) Maryland has several additional requirements for public 
participation in the hazardous waste program permitting process, which 
make the State's regulations more stringent. The requirements include, 
but are not limited to, the following:
     Maryland's regulations at COMAR 26.13.07.17B(12)(c) 
provides a specific number of days (30) rather than requiring ``a 
reasonable period of time,'' as found in the Federal regulations. 
Therefore, Maryland's regulations are considered more stringent.
     Maryland's requirements at COMAR 26.13.07.20-2A(5) and (6) 
are more stringent because public notice must also be given of receipt 
of an application for a permit modification and of receipt of an 
application for post-closure activities.
     Maryland's regulations at COMAR 26.13.07.20-2F(3)(e) 
require that the public notice include information on how to request 
that an informational meeting be held. This requirement is an 
additional requirement making Maryland's regulations more stringent.

[[Page 59509]]

     Maryland's regulations at COMAR 26.13.07.20-3 require the 
Director to hold informational meetings under specific conditions, 
which is considered more stringent than the Federal regulations.
    (f) Maryland has not adopted the mixed waste rule (66 FR 27218). 
Therefore, Maryland's regulation at COMAR 26.13.02.03C(2) is more 
stringent than the Federal requirements because the Maryland regulation 
does not include all of the exceptions found in the analogous Federal 
regulation at 40 CFR 261.3(c)(2)(i).

3. Federal Requirements for which Maryland is not Seeking Authorization

    Maryland is not seeking authorization for the land disposal 
restriction (40 CFR 268), used oil standards (40 CFR 279), boiler and 
industrial furnace standards (40 CFR 266, Subpart H), air emission 
standards (40 CFR 264 and 265, Subparts AA, BB, and CC), or HSWA 
corrective action requirements.

I. Who handles permits after the authorization takes effect?

    After this authorization revision, Maryland will issue permits 
covering all the provisions for which it is authorized and will 
administer all such permits. EPA will continue to administer any RCRA 
hazardous waste permits or portions of permits that it issued prior to 
the effective date of this authorization until the timing and process 
for effective transfer to the State are mutually agreed upon. Until 
such time, as EPA formally transfers responsibility for a permit to 
Maryland and EPA terminates its permit, EPA and Maryland agree to 
coordinate the administration of such permit in order to maintain 
consistency. EPA will not issue any more new permits or new portions of 
permits for the provisions listed in Section G after the effective date 
of this authorization. EPA will continue to implement and issue permits 
for HSWA requirements for which Maryland is not yet authorized.

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

    Maryland is not seeking authority to operate the program on Indian 
lands, since there are no Federally-recognized Indian Lands in 
Maryland.

K. What is codification and is EPA codifying Maryland'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 action by 
referencing the authorized State rules in 40 CFR part 272. EPA reserves 
the amendment of 40 CFR part 272, subpart V, for this authorization of 
Maryland's program revisions until a later date.

L. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993) and 13563 (76 FR 3821, January 21, 2011). Therefore, this action 
is not subject to review by OMB. This action authorizes State 
requirements pursuant to RCRA section 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). 
In any case, Executive Order 13175 does not apply to this rule since 
there are no Federally recognized tribes in Maryland.
    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, and it does not concern environmental health or safety 
risks that may disproportionately affect children. 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 section 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 authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that satisfies the requirements of RCRA. Thus, the requirements of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
3701, et seq.) 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 18, 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.). Burden is 
defined at 5 CFR 1320.3(b). Executive Order 12898 (59 FR 7629, February 
16, 1994) establishes Federal executive policy on environmental 
justice. Its main provision directs Federal agencies, to the greatest 
extent practicable and permitted by law, to make environmental justice 
part of their mission by identifying and addressing, as appropriate, 
disproportionately high and adverse human health or environmental 
effects of their programs, policies, and activities on minority 
populations and low-income populations in the United States. Because 
this rule authorizes pre-existing State rules which are at least 
equivalent to, and no less stringent than, existing Federal 
requirements, and imposes no additional requirements beyond those 
imposed by State law, and there are no anticipated significant adverse 
human health or environmental effects, the rule is not subject to 
Executive Order 12898.
    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

[[Page 59510]]

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 will be effective October 31, 2016.

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: August 12, 2016.
Shawn M. Garvin,
Regional Administrator, EPA Region III.
[FR Doc. 2016-20849 Filed 8-29-16; 8:45 am]
BILLING CODE 6560-50-P