Maryland: Final Authorization of State Hazardous Waste Management Program Revisions, 59503-59510 [2016-20849]
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Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations
other) in or on the commodities listed
in fruit, citrus group 10–10, when used
in accordance with the terms of
Experimental Use Permit No. 88232–
EUP–2. This temporary exemption from
the requirement of a tolerance expires
on August 31, 2020.
[FR Doc. 2016–20547 Filed 8–29–16; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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–
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SUMMARY:
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RCRA–2015–0674, by one of the
following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
2. Email: pratt.stacie@epa.gov.
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 previouslylisted 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 https://
www.regulations.gov or email. The
Federal regulations Web site, https://
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 https://
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
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59503
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 https://
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 https://
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
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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
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Description of Federal requirement
(revision checklists 1)
Federal Register
Analogous Maryland authority
HSWA Cluster I
Dioxin Waste Listing and Management Standards, Revision Checklist 14.
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50 FR 1978, 1/14/85 ..........
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COMAR
26.13.02.05C(1)*,
.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;
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59505
TABLE 1—MARYLAND’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Description of Federal requirement
(revision checklists 1)
Federal Register
Analogous Maryland authority
Location Standards for Salt Domes, Salt Beds, Underground Mines and Caves, Revision Checklist 17E.
Ground-Water Monitoring, Revision Checklist 17I ...........
50 FR 28702, 7/15/85 ........
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).
COMAR 26.13.05.02–1F and 26.13.06.02G.
Pre-construction Ban, Revision Checklist 17M ................
50 FR 28702, 7/15/85 ........
Permit Life, Revision Checklist 17N .................................
Research and Development Permits, Revision Checklist
17Q.
Exposure Information, Revision Checklist 17S ................
50 FR 28702, 7/15/85 ........
50 FR 28702, 7/15/85 ........
COMAR 26.13.05.06A(3), .11G(2)(b).
(More
stringent
provisions
26.13.05.11(G)(4),
.12.E(4)(b), .14C(2)(b)).
COMAR 26.13.07.01B.
(More stringent provisions: 26.13.07.01B, no State analog to 40 CFR 270.10(f)(3)).
COMAR 26.13.07.06.A and .06C.
COMAR 26.13.07.02A and .19.
50 FR 28702, 7/15/85 ........
COMAR 26.13.07.02C and .02D(37).
50 FR 28702, 7/15/85 ........
HSWA Cluster II
Permit Modification, Revision Checklist 44D ....................
Permit Conditions to Protect Human Health and the Environment, Revision Checklist 44F.
Land Disposal Restrictions for Third Third Scheduled
Wastes, Revision Checklist 78 2.
52 FR 45788, 12/1/87 ........
52 FR 45788, 12/1/87 ........
COMAR 26.13.07.11B(3).
COMAR 26.13.07.02D(36).
55 FR 22520, 6/1/90 ..........
COMAR 26.13.02.10B, .11B, .12B, .13B, .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 Newly Listed Wastes and
Hazardous Debris; Containment Buildings, Revision
Checklist 109 2.
57 FR 37194, 8/18/92 ........
Toxicity Characteristic Amendment, Revision Checklist
117B.
57 FR 23062, 6/1/92 ..........
COMAR 26.13.01.03.B(9–1), .03.B(53), and .03.B(63);
26.13.02.03.A(2)(c), .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)(iii),
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).)
COMAR 26.13.02.03A(2)(a) and .03A–1.
RCRA Cluster IV
Revision of Conditional Exemption for Small Scale
Treatability Studies, Revision Checklist 129.
59 FR 8362, 2/18/94 ..........
COMAR 26.13.02.04–4B(1)–(2), .04–4C, .04–4D, .04–
4E, .04–5A(3)–(5), and .04–5A(11)(b).
RCRA Cluster V
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Recovered Oil Exclusion, Revision Checklist 135 3 .........
59 FR 38536, 7/28/94 ........
COMAR 26.13.02.03C–1(2), .04A(15) and (16), .06A–
1(1)(c) and Agency Note, and .06A–1(2)(c)–(e).
Removal of the Conditional Exemption for Certain Slag
Residues, Revision Checklist 136 2.
Carbamate Production Identification and Listing of Hazardous Waste, Revision Checklist 140.
59 FR 43496, 8/24/94 ........
COMAR 26.13.10.01A(4).
60 FR 7824, 2/9/95; as
amended at 60 FR
19165, 4/17/95, and at
60 FR 25619, 5/12/95.
COMAR 26.13.02.03A–2(5)–(7), .03C–1(4), .17, .19E,
.19G, .23 and .24.
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TABLE 1—MARYLAND’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Description of Federal requirement
(revision checklists 1)
Federal Register
Analogous Maryland authority
RCRA Cluster VI
RCRA Expanded Public Participation, Revision Checklist
148 3.
60 FR 63417, 12/11/95 ......
Amendments to the Definition of Solid Waste; Amendment II, Revision Checklist 150.
61 FR 13103, 3/26/96 ........
COMAR 26.13.01.03B(23–1); 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.)
COMAR 26.13.02.04A(15)–(16).
RCRA Cluster VII
Military Munitions Rule, Revision Checklist 156 ...............
62 FR 6622, 2/12/97 ..........
Land Disposal Restrictions Phase IV, Revision Checklist
157 2.
Conformance With the Carbamate Vacatur, Revision
Checklist 159 2.
62 FR 25998, 5/12/97 ........
62 FR 32974, 6/17/97 ........
COMAR 26.13.01.03B(2–1), .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).
COMAR
26.13.02.01C(3)(b)–(e),
.02G/Table
1,
.04A(11), .04A(12), .06A–1(2)(b).
COMAR 26.13.02.17A/Table, .19G, .23/Table, and .24.
RCRA Cluster VIII
Kraft Mill Steam Stripper Condensate Exclusion, Revision Checklist 164.
63 FR 18504, 4/15/98 ........
COMAR 26.13.02.04A(14).
RCRA Cluster IX
Petroleum Refining Process Wastes, Revision Checklist
169 2 3.
63 FR 42110, 8/6/98 ..........
Petroleum Refining Process Wastes—Leachate Exemption, Revision Checklist 178.
64 FR 6806, 2/11/99 ..........
COMAR 26.13.02.03A–2(3), .03C–1(2), .03C–1(5),
.04A(15)–(18), .06A–1(2)(e), .16A, .17A/Table, and
.23/Table.
COMAR 26.13.02.04–1A(16) introductory language and
(a)–(e) and .02.04–1A–1.
RCRA Cluster X
Land Disposal Restrictions ...............................................
Phase IV—Technical Corrections, Revision Checklist
183 2.
Petroleum Refining Process Wastes Clarification, Revision Checklist 187 2.
64 FR 56469, 10/20/99 ......
COMAR 26.13.02.17A/Table.
65 FR 36365, 6/8/00 ..........
COMAR 26.13.02.16A/Table.
RCRA Cluster XI
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Chlorinated Aliphatics Listing and LDRs for Newly Identified Wastes, Revision Checklist 189 2.
Mixture and Derived—From Rules Revisions, Revision
Checklist 192A.
65 FR 67068, 11/8/00 ........
COMAR 26.13.02.17A/Table, .23/Table, and .24.
66 FR 27266, 5/16/01 ........
COMAR 26.13.02.03A(2)(c), .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 Rules Revision II, Revision
Checklist 194.
Inorganic Chemical ...........................................................
Manufacturing Wastes
Identification and Listing,
Revision Checklist 195 2
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66 FR 50332, 10/3/01 ........
COMAR 26.13.02.03A(2)(d), .03A–2, and .03F(3).
66 FR 58258, 11/20/01 ......
COMAR 26.13.02.04–1A(16)(a)–(e), .04–1A–1, .17A/
Table, and .23 Table.
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TABLE 1—MARYLAND’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Description of Federal requirement
(revision checklists 1)
Federal Register
Vacatur of Mineral Processing Spent Materials Being
Reclaimed as Solid Wastes and TCLP Use With MGP
Waste, Revision Checklist 199.
67 FR 11251, 3/13/02 ........
Analogous Maryland authority
COMAR 26.13.02.02C(3) and .14A.
RCRA Cluster XV
Uniform Hazardous Waste Manifest Rule, Revision
Checklist 207.
70 FR 10776, 3/4/05; as
amended 70 FR 35034,
6/16/05.
COMAR 26.13.01.03B(12), .03B(50)–(51), .03B(55–1–
1);
26.13.02.07B(1)(b)(i)–(ii);
26.13.03.04(A)(1),.04B(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 Provisions for Mercury
Containing Equipment, Revision Checklist 209 2.
70 FR 45508, 8/5/2005 ......
26.13.01.03B(2–2), .03B(46–1), .03B(51–2), .03B(72–
2), .03B(89–1);
26.13.02.07–1B(3);
26.13.05.01A(3);
26.13.06.01A(4)(j)(iii);
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 https://
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
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State citation (COMAR)
Federal RCRA citation (40 CFR)
26.13.02.05D(2)(c)(iv) ...............................................................................
26.13.02.11A(3), A(4), and C; 26.13.02.11–1 ..........................................
26.13.02.13A(8) and C .............................................................................
26.13.03.07–5A(2) ....................................................................................
26.13.06.01A(4)(k) ....................................................................................
26.13.07.20–2F(3)(e) ................................................................................
26.13.10.03A ............................................................................................
26.13.10.04C ............................................................................................
26.13.10.26 ...............................................................................................
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No direct Federal analog. Related to 40 CFR 261.5(g)(3).
40 CFR 261.21(a)(3); No Federal analog to 26.13.02.11–1.
40 CFR 261.23(a)(8).
262.58(a).
265.1(c)(13).
No Federal analog in 40 CFR 124.32.
266.70(a).
266.80.
No Federal analog in 40 CFR 273.
Sfmt 4700
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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
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16:58 Aug 29, 2016
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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
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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 postclosure 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.
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• 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.
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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
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16:58 Aug 29, 2016
Jkt 238001
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.
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59509
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
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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
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[Docket DARS–2016–0029]
RIN 0750–AJ04
Defense Federal Acquisition
Regulation Supplement: Request for
Audit Services in France, Germany, the
Netherlands, or the United Kingdom
(DFARS Case 2016–D027)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to specify the countries with
which DoD has audit agreements.
DATES: Effective August 30, 2016.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
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SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending DFARS 225.872–6
to specify the qualifying countries that
have audit agreements with the United
16:58 Aug 29, 2016
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the Federal Acquisition
Regulation (FAR) is 41 U.S.C. 1707
entitled ‘‘Publication of Proposed
Regulations.’’ Paragraph (a)(1) of the
statute requires that a procurement
policy, regulation, procedure, or form
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure, or form, or a significant cost
or administrative impact on contractors
or offerors. This final rule is not
required to be published for public
comment, because it only specifies the
qualifying countries that have audit
agreements with the United States,
rather than requiring each contracting
officer to contact the Deputy Director of
Defense Procurement and Acquisition
Policy (Contract Policy and
International Contracting), to determine
whether a qualifying country has such
an audit agreement. These regulations
affect only the internal operating
procedures of the Government.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Items, Including Commercially
Available Off-the-Shelf (COTS) Items
48 CFR Part 225
VerDate Sep<11>2014
States (i.e., France, Germany, the
Netherlands, and the United Kingdom).
Jkt 238001
This case does not add any new
provisions or clauses or impact any
existing provisions or clauses.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
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V. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
VI. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Part 225
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 225 is
amended as follows:
PART 225—FOREIGN ACQUISITION
1. The authority citation for 48 CFR
part 225 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Revise section 225.872–6 to read as
follows:
■
225.872–6
Request for audit services.
Handle requests for audit services in
France, Germany, the Netherlands, or
the United Kingdom in accordance with
PGI 215.404–2(c), but follow the
additional procedures at PGI 225.872–6.
[FR Doc. 2016–20476 Filed 8–29–16; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 231
[Docket DARS–2016–0002]
RIN 0750–AI86
Defense Federal Acquisition
Regulation Supplement: Costs Related
to Counterfeit Electronic Parts (DFARS
Case 2016–D010)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement a section of the
SUMMARY:
E:\FR\FM\30AUR1.SGM
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]]>Agencies
[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]
-----------------------------------------------------------------------
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: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Email: pratt.stacie@epa.gov.
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 https://www.regulations.gov or
email. The Federal regulations Web site, https://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 https://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 https://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 https://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 https://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
