Maine: Final Authorization of State Hazardous Waste Management Program Revisions, 59699-59705 [2022-21321]
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Federal Register / Vol. 87, No. 190 / Monday, October 3, 2022 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
Agency amends 40 CFR part 52 as
follows:
end of the table for ‘‘Nonattainment
New Source Review for the 2008 Ozone
NAAQS’’ to read as follows:
Subpart SS—Texas
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. In § 52.2270, paragraph (e), the
second table titled ‘‘EPA Approved
Nonregulatory Provisions and QuasiRegulatory Measures in the Texas SIP’’
is amended by adding an entry at the
■
1. The authority citation for part 52
continues to read as follows:
■
59699
§ 52.2270
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Applicable geographic or
nonattainment area
Name of SIP provision
*
Nonattainment New Source
Review for the 2008
Ozone NAAQS.
*
*
Dallas-Fort Worth and
Houston-GalvestonBrazoria nonattainment
areas.
BILLING CODE 6560–50–P
40 CFR Part 271
[EPA–R01–RCRA–2022–0421; FRL–10012–
02–R1]
Maine: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Maine has applied to the
Environmental Protection Agency (EPA)
for final authorization of revisions to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA), as amended. The EPA has
reviewed Maine’s application and has
determined that these revisions satisfy
all requirements needed to qualify for
final authorization. Therefore, we are
taking direct final action to authorize
the State’s changes. In the ‘‘Proposed
Rules’’ section of this issue of the
Federal Register, the EPA is also
publishing a separate document that
serves as the proposal to authorize these
revisions. Unless the EPA receives
written comments that oppose this
authorization during the comment
period, the decision to authorize
Maine’s revisions to its hazardous waste
program will take effect.
DATES: This final authorization will
become effective on December 2, 2022,
unless the EPA receives adverse written
comments by November 2, 2022. If the
EPA receives any such comment, the
EPA will publish a timely withdrawal of
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Comments
*
May 13, 2020 ....................
*
*
October 3, 2022 [Insert
Federal Register citation].
*
For the Serious classification.
Submit your comments,
identified by Docket ID No. EPA–R01–
RCRA–2022–0421, at https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
VerDate Sep<11>2014
EPA approval date
this direct final rule in the Federal
Register and inform the public that this
authorization will not take effect.
[FR Doc. 2022–21247 Filed 9–30–22; 8:45 am]
SUMMARY:
State submittal/effective
date
FOR FURTHER INFORMATION CONTACT:
Sharon Leitch, RCRA Waste
Management, UST and Pesticides
Section; Land, Chemicals and
Redevelopment Division; EPA Region 1,
5 Post Office Square, Suite 100 (Mail
code 07–1), Boston, MA 02109–3912;
telephone number: (617) 918–1647;
email address: leitch.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
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A. Why are revisions to State programs
necessary?
States that have received final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, states must change their
programs and ask the EPA to authorize
the changes. Changes to State programs
may be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, states must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273, and 279.
New Federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA)
take effect in authorized states at the
same time that they take effect in
unauthorized states. Thus, the EPA will
implement those requirements and
prohibitions in Maine, including the
issuance of new permits implementing
those requirements, until Maine is
granted authorization to do so.
B. What decisions has the EPA made in
this rule?
On June 8, 2022, Maine submitted a
complete program revision application
seeking authorization of revisions to its
hazardous waste program. The EPA
concludes that Maine’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, the EPA grants final
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authorization to Maine to operate its
hazardous waste program with the
revisions described in its authorization
application, and as listed below in
Section G of this document.
The Maine Department of
Environmental Protection (MDEP) has
responsibility for permitting treatment,
storage, and disposal facilities within its
borders and for carrying out the aspects
of the RCRA program described in its
application, subject to the limitations of
HSWA, as discussed above.
C. What is the effect of today’s
authorization decision?
This decision serves to authorize
Maine for the revisions to its authorized
hazardous waste program described in
its authorization application. These
changes will become part of the
authorized State hazardous waste
program and will therefore be federally
enforceable. Maine will continue to
have primary enforcement authority and
responsibility for its State hazardous
waste program. The EPA would
maintain its authorities under RCRA
sections 3007, 3008, 3013, and 7003,
including its authority to:
• Conduct inspections, and require
monitoring, tests, analyses and reports;
• Enforce RCRA requirements,
including authorized State program
requirements, and suspend or revoke
permits; and
• Take enforcement actions regardless
of whether the State has taken its own
actions.
This action will not impose additional
requirements on the regulated
community because the regulations for
which the EPA is authorizing Maine are
already effective under State law and
are not changed by today’s action.
D. Why wasn’t there a proposed rule
before today’s rule?
Along with this direct final rule, the
EPA is publishing a separate document
in the ‘‘Proposed Rules’’ section of this
issue of the Federal Register that serves
as the proposal to authorize Maine’s
program revisions. The EPA did not
publish a proposal before today’s rule
because the EPA views this as a routine
program change and does not expect
comments that oppose this approval.
The EPA is providing an opportunity for
public comment now, as described in
Section E of this document.
The EPA granted authorization for
revisions to Maine’s regulatory program
on the following dates: June 24, 1997,
effective August 25, 1997 (62 FR 34007);
and November 9, 2004, effective January
10, 2005 (69 FR 64861); and June 26,
2020, effective immediately (85 FR
38330).
E. What happens if the EPA receives
comments that oppose this action?
On June 8, 2022, Maine submitted a
final complete program revision
application, seeking authorization of
additional revisions to its program in
accordance with 40 CFR 271.21. Maine
seeks authority to administer the
Federal requirements that are listed in
Table 1 below. This table lists Maine’s
analogous requirements that are being
recognized as no less stringent than the
analogous Federal requirements.
Maine’s regulatory references are to
the Hazardous Waste Management
Rules, 06–096 of the Code of Maine
Rules (CMR), Chapters 850–858, as
amended effective October 6, 2021, and
to the Rules Concerning the Processing
of Applications and Other
Administrative Matters, 06–096 CMR,
Chapter 2, as amended effective June 9,
2018. Maine’s statutory authority to
operate its hazardous waste program is
found in the Hazardous Waste, Septage,
and Solid Waste Management Act, 38
M.R.S. sections 1301 through 1319–Y.
The EPA proposes to determine,
subject to public review and comment,
that Maine’s hazardous waste program
revisions are equivalent to, consistent
with, and no less stringent than the
Federal program, and therefore satisfy
all of the requirements necessary to
qualify for final authorization.
Therefore, the EPA is proposing to
authorize Maine for the following
program revisions:
If the EPA receives comments that
oppose this authorization, the EPA will
withdraw today’s direct final rule by
publishing a document in the Federal
Register before the rule becomes
effective. The EPA will base any further
decision on the authorization of Maine’s
program revisions on the proposal
mentioned in the previous section, after
considering all comments received
during the comment period. The 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 the EPA receives comments that
oppose only the authorization of a
particular revision to Maine’s hazardous
waste program, the 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 Maine previously been
authorized for?
Maine initially received final
authorization effective May 20, 1988 (53
FR 16264) to implement the RCRA
hazardous waste management program.
G. What revisions is the EPA proposing
with this proposed action?
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TABLE 1—MAINE’S ANALOGS TO THE FEDERAL REQUIREMENTS
Federal requirement
Federal Register
page and date
Analogous state authority
Checklist (CL) 71: Mining Waste Exclusion II ....
55 FR 2322; January 23, 1990 ........................
CL 77: HSWA Codification Rule, Double Liners;
Correction.
CL 79: Organic Air Emission Standards for
Process Vents and Equipment Leaks.
55 FR 19262; May 9, 1990 ..............................
06–096 Code of Maine Rules (C.M.R.) Ch.
857.3C and 857.7A(1)(a).
More
stringent
provisions:
Ch.
850.3(A)(4)(a)(ix) NOTE.
06–096 C.M.R. Ch. 854.9(B)
CL 82: Wood Preserving Listings .......................
55 FR 50450; December 6, 1990 ....................
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55 FR 25454; June 21, 1990 ...........................
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06–096 C.M.R. Ch. 850.3(A)(2); Ch. 854.
6(C)(3), (C)(5), (C)(10(b), (C)(14), and
(C)(20); Ch. 855. 9(A)(3), (A)(5), (A)(10)(b),
(A)(14), and (A)(18); Ch. 856.10(B) and
10(B)(21).
06–096 C.M.R. Ch. 850.3(C)(2)(a) and Appendix VII and VIII; Ch. 851.13(G); Ch.
854.12(B)(1) and 854.15; Ch. 855.9(D) and
855.9(L); and Ch. 856.10(L).
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59701
TABLE 1—MAINE’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Federal Register
page and date
Federal requirement
CL 87: Organic Air Emission Standards for
Process Vents and Equipment Leaks; Technical Amendment.
CL 90: Mining Waste Exclusion III .....................
56 FR 19290; April 26, 1991 ...........................
CL 92: Wood Preserving Listings; Technical
Corrections.
56 FR 30192; July 1, 1991 ..............................
CL 97: Exports of Hazardous Waste; Technical
Correction.
CL 100: Liners and Leak Detection Systems for
Hazardous Waste Land Disposal Units.
56 FR 43704; September 4, 1991 ...................
CL 113, 113.1, 113.2: Consolidated Liability
Requirements.
53 FR 33938; September 1, 1988; 56 FR
30200; July 1, 1991; 57 FR 42832; September 16, 1992.
57 FR 54452; November 18, 1992 ..................
CL 118: Liquids in Landfills II .............................
56 FR 27300; June 13, 1991 ...........................
57 FR 3462; January 29, 1992 ........................
CL 120: Wood Preserving; Amendments to Listings and Technical Requirements.
57 FR 61492; December 24, 1992 ..................
CL 131: Recordkeeping Instructions; Technical
Amendment.
CL 140: Carbamate Production Listings ............
59 FR 13891; March 24, 1994 ........................
CL 148: RCRA Expanded Public Participation ..
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Analogous state authority
60 FR 7824; February 9, 1995 as amended
April 17, 1995 (60 FR 19165) and May 12,
1995 (60 FR 25619).
60 FR 63417; December 11, 1995 ..................
CL 152: Imports and Exports of Hazardous
Waste: Implementation of OECD Council Decision.
61 FR 16290; April 12, 1996 ...........................
CL 153: Conditionally Exempt Small Quantity
Generator (CESQG) Disposal Options under
Subtitle D).
CL 156: Military Munitions Rule .........................
61 FR 34252; July 1, 1996 ..............................
CL 159: Conformance with the Carbamate
Vacatur.
62 FR 32974; June 17, 1997 ...........................
CL 167E: Bevill Exclusion Revisions and Clarifications.
CL 169: Petroleum Refining Process Listings ...
63 FR 28556; May 26, 1998 ............................
CL 179: Land Disposal Restrictions Phase IV—
Technical Corrections and Clarifications to
Treatment Standards.
CL 182: Hazardous Air Pollutant Standards for
Combustors.
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62 FR 6622; February 12, 1997 ......................
63 FR 42110; August 6, 1998, as amended
October 9, 1998 (63 FR 54356).
64 FR 25408; May 11, 1999 ............................
64 FR 52828; September 30, 1999, as
amended November 19, 1999 (64 FR
63209).
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More stringent provisions: 06–096 C.M.R. Ch.
854.15(A)(2) and 854.15(B)(1).
06–096 C.M.R. Ch. 854.6(C)(20); Ch.
855.9(A)(3), 855.9(A)(10)(b), 855.9(A)(18);
and Ch. 856.10(B)(21).
More stringent provisions: 06–096 C.M.R. Ch.
850.3(A)(4)(a)(ix) NOTE
06–096 C.M.R. Ch. 850.3(C)(2)(a); Ch.
851.8(B)(2); 851.8(B)(3); and 851.13(G);
Ch.
854.15(B);
Ch.
855.9(L);
and
Ch.856.10(L).
06–096 C.M.R. Ch. 857.7(D).
06–096 C.M.R. Ch. 854.3(HH); 854.6(C)(7);
854.8(B); 854.8(C); 854.8(H); 854.9(B);
854.9(C); 854.9(E); 854.9(G); 854.11(B)
and (C); 854.12(B) and (C); Ch.
855.9(A)(5); 855.9(A)(7); 855.9(A)(10)(b);
855.9(B), (E), (F), and (H); Ch. 856.10(C)
and 856.10(F).
More stringent provisions: Ch. 854.8(B)(1)
and
(2);
854.9(B)(1),
854.9(B)(2)(b);
854.9(B)(5); 854.9(C)(2); 854.11(B)(1), (3),
(4), (5) and (6); and 854.19.
06–096 C.M.R. Ch. 854.6(C)(17); and Ch.
855.9(A)(17).
More stringent provisions: Ch. 854.6(C)(17)(e)
06–096
C.M.R.
Ch.
854.6(C)(3)
and
854.8(C)(5); Ch. 855.9(A)(3) and 855.9(H).
More stringent provisions: Ch. 854.8(C)(5)(a).
06–096 C.M.R. Ch. 850.3(C)(3); Ch. 854.15.
More stringent provisions: Ch. 854.15(B)(1)
and Ch. 855.9(L).
06–096 C.M.R. Ch. 854.6(C)(10); and Ch.
855.9(A)(10).
06–096
C.M.R.
Ch.
850.3(C)(3),
850.3(C)(4)(e), 850.3(C)(4)(f); 850, Appendix VII and VIII.
06–096 C.M.R. Ch 2.2(A); 2.10(B)(5); 2.13(A);
2.16;
Ch.
856.5,
856.10(A)(12),
856.10(A)(15) and (16), 856.10(B)(20),
856.10(D) and 856.16.
06–096 C.M.R. Ch.851.4(B); Ch. 853.8(C),
853.11(G) and 853.11(I); Ch. 854.6(C)(14)
and
854.8(C)(2);
Ch.
855.9(A)(2),
855.9(A)(14) and 855.9(N); Ch. 857.7(D),
857.8(C) and 857.9(D); Ch. 858.7(C).
More stringent provision 06–096 C.M.R. Ch
850.3(A)(5).
06–096 C.M.R. Ch. 851.13(F); Ch. 853.10(C);
Ch.
854.6(C)(15),
854.16(B)(2),
854.16(C)(3) and 854.16(D); Ch. 855.3 and
855.9(M); Ch. 856.5(C), 856.18(A)(4) and
856.18(B); Ch. 857.3(K), 857.5 and 857.10.
06–096
C.M.R.
Ch.
850.3(C)(3),
850.3(C)(4)(f), App. VII and App. VIII; Ch.
852.13 and 852.14(A).
06–096 C.M.R. Ch. 850.3(A)(4).
06–096 C.M.R. Ch. 850.3(C)(3) and App. VII;
Ch. 852.13 and 852.14.
06–096 C.M.R. Ch. 851.4(A), 851.8(B)(5),
851.9(G); and Ch. 852.3(D), 852.3(I),
852.10.
06–096
C.M.R.
Ch.
854.13(A)(2),
854.13(B)(5),
854.16(B)(1);
Ch.
855.9(A)(16), 855.9(I); Ch. 856.10(D)(1), (2)
and (3), and 856.11(A)(6).
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TABLE 1—MAINE’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Federal requirement
Federal Register
page and date
Analogous state authority
CL 183: Land Disposal Restrictions Phase IV—
Technical Corrections.
64 FR 56469; October 20, 1999 ......................
CL 187: Petroleum Refining Process Wastes—
Clarification.
CL 189: Chlorinated Aliphatics Production Listings.
CL 195: Inorganic Chemical Manufacturing Listings.
CL 198: Hazardous Air Pollutant Standards for
Combustors: Corrections.
CL 199: Vacatur of Mineral Processing Spent
Materials Being Reclaimed as Solid Wastes
and TCLP Use with MGP Waste.
CL 200: Zinc Fertilizer Rule ...............................
64 FR 36365; June 8, 2000 .............................
06–096 C.M.R. Ch. 850.3(C)(3); Ch.
851.8(B)(5) and 851.8(G); Ch. 852.10,
852.14(A) and 852.14(D).
06–096 C.M.R. Ch. 850.3(C)(2)(a).
CL 206: Nonwastewaters from Dyes and Pigments.
CL 207: Uniform Hazardous Waste Manifest
Rule.
70 FR 9138; February 24, 2005 ......................
CL 222: OECD Requirements; Export Shipments of Spent Lead-Acid Batteries.
75 FR 1236; January 8, 2010 ..........................
CL 225: Removal of Saccharin and Its Salts
from the Lists of Hazardous Constituents,
Hazardous Wastes, and Hazardous Substances.
CL 232: Revisions to the Export Provisions of
the Cathode Ray Tube Rule.
CL 235: Disposal of Coal Combustion Residuals from Electric Utilities.
CL 236: Imports and Exports of Hazardous
Waste.
75 FR 78918; December 17, 2010 ..................
CL 238: Confidentiality Determinations for Hazardous Waste Export and Import Documents.
Special Consolidated Checklist for the Organic
Air Emission Standards for Tanks, Surface
Impoundments, and Containers (Checklists:
154, 154.1, 154.2, 154.3, 154.4, 154.5,
154.6, 163, 177).
83 FR 60894; December 26, 2017 ..................
Special Consolidated Checklist for the Hazardous Waste Electronic Manifest Rules
(Checklists 231 and 239).
79 FR 7518; February 7, 2014, and 83 FR
420; January 3, 2018.
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65 FR 67067; November 8, 2000 ....................
66 FR 58257; November 20, 2001, as amended April 9, 2002 (67 FR 17119).
67 FR 6968; February 14, 2002 ......................
67 FR 11251; March 13, 2002 ........................
67 FR 48393 July 24, 2002 .............................
70 FR 10776; March 4, 2005 ..........................
79 FR 36220; June 26, 2014 ...........................
80 FR 21302; April 17, 2015 ...........................
81 FR 85696; November 28, 2016, as amended August 29, 2017 (82 FR 41015) and August 6, 2018 (83 FR 38263).
59 FR 62896; December 6, 1994, as amended May 19, 1995 (60 FR 26828), September 29, 1995 (60 FR 50426), November
13, 1995 (60 FR 56952), February 9, 1996
(61 FR 4903), June 5, 1996 (61 FR 28508),
November 25, 1996 (61 FR 59932). 62 FR
64636; December 8, 1997, and 64 FR
3382; January 21, 1999.
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06–096 C.M.R. Ch. 850.3(C)(3), 850, Appendix VII and VIII; Ch. 852.13 and 852.14(A).
06–096 C.M.R. Ch. 850.3(C)(3) and 850, Appendix VII; Ch. 852.13 and 852.14.
06–096 C.M.R. Ch. 854.13 and Ch.
856.10(D).
06–096 C.M.R Ch. 850.3(A)(4)(a).
06–096 C.M.R. Ch. 850.3(A)(4)(a) and Ch.
852.14(A).
06–096 C.M.R. Ch. 850.3(C)(3) and 850, Appendix VII and VIII; Ch. 852.13 and 852.14.
06–096 C.M.R. Ch. 850.3(A)(7)(e); Ch.
851.8(A)(4)
and
851.8(A)(5);
Ch.
854.6(C)(13);
Ch.
855.9(A)(13)
&
855.9(A)(15); Ch. 857.3(C), (I) and (J),
857.5(A), 857.7(B), 857.7(D), 857.7(I),
857.8(A)(1), 857.8(C), 857.8(E), 857.8(I),
857.9, 857.9(A)(3), 857.9(A)(7), 857.9(B)
and 857.9(D).
06–096 C.M.R. Ch. 853.8(C); Ch. 854.6(C)(2)
and 854.6(C)(15); Ch. 855.9(A)(2); Ch.
857.7(D), 857.8(C) and 857.9(D); Ch.
858.12.
06–096 C.M.R. Ch. 850.3(C)(4) and 850, Appendix VIII.
06–096 C.M.R. Ch. 857.7(D)(1) and (2); Ch.
858.5(A); 858.7(O)(1) and (2).
06–096 C.M.R. Ch. 850.3(A)(4)(a)(x).
06–096 C.M.R. Ch. 850.3(A)(4)(a)(xii) and
850.3(A)(4)(b)(iii);
Ch.
851.4(B);
Ch.
853.8(C) and 853.11(O); Ch. 854.6(C)(2)
and 854.6(C)(15); Ch. 855.9(A)(2) and (15);
Ch. 857.7(D), 857.7(D)(1), 857.7(D)(2),
857.8(C), 857.9(D) and (E); Ch. 858.7(C),
858.7(O), 858.8(A), 858.9(A), 858.12 and
858.13.
06–096 C.M.R. Ch. 857.7(D), 857.7(D)(2) and
857.7(D)(3); Ch. 858.7(O)(3).
06–096 C.M.R. Ch. 851.8(B)(6); Ch.
854.6(C)(3), 854.6(C)(5), 854.6(C)(9)(b),
854.6(C)(13), 854.6(C)(20), 854.9(C)(5),
854.12(B)(1)
854.12(C)(9),
and
854.16(B)(1); Ch. 855.9(A)(3), 855.9(A)(5),
855.9(A)(9)(b), 855.9(A)(13), 855.9A (17),
855.9(A)(18), 855.9(C), 855.9(D) and
855.9(E); Ch. 856.10(B)(3), 856.10(C)(1),
856.10(E), 856.10(H) and 856.13(A)(7).
06–096 C.M.R. Ch. 854.6(C)(14) and
854.6(C)(20);
Ch.
855.9(A)(14)
and
855.9(A)(18); Ch. 857.3(D), 857.3(E),
857.3(I), 857.3(L), 857.3(O), 857.5(A),
857.5(B), 857.5(E), 857.5(F), 857.5(G),
857.5(I),
857.5(H),
857.7(A)(1)(e),
857.8(A)(1),
857.8(A)(5),
857.8(C),
857.8(D), 857.8(E), 857.8(F), 857.8(G),
857.8(H), 857.8(I), 857.9(A) and 857.9(C).
More stringent provisions: Ch. 857.8(B) and
857.9(A)(3)(d).
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TABLE 1—MAINE’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Federal requirement
Federal Register
page and date
Recycled Used Oil Management Standards (40
CFR 261.6(a)(4), the recycled used oil exclusion).
57 FR 41566; September 10, 1992 .................
EPA is also authorizing Maine for the
land disposal restrictions (LDR) in 40
CFR 268.30. In addition, EPA is
authorizing Maine for revisions to
previously authorized rules, they
include: 850.3(A)(4)(a)(xxiv)—clarifying
the applicability of the tolling
agreement or the need to overcome the
rebuttable presumption if there is no
tolling agreement in the used cutting oil
exclusion; 858.4(N)—clarifying the
definition of ‘‘recycling facility’’ to
mean a destination facility as defined in
40 CFR 273.9 or a facility authorized to
perform the universal waste recycling
activity; 858.5(A)—clarifying that the
intentional breakage of universal waste
is considered treatment; and
854.8(A)(3)(a), 854.9(A)(2),
854.10(A)(1)(b), 854.11(A)(2) and
854.16(A)(1)(a)—these revisions, which
incorporate drinking water guidelines,
support the implementation of other
provisions of the Maine hazardous
waste program, as they are utilized for
the limited purpose of determining
whether waste has migrated to surface
or groundwaters.
EPA cannot delegate certain federal
requirements associated with the federal
manifest registry system, the electronic
manifest system, and international
shipments (i.e., import and export
provisions). Maine has adopted these
requirements and appropriately
preserved the EPA’s authority to
implement them (see 06–096 C.M.R. Ch.
857, sections 3(D), 3(E), 3(L), 3(O),
5(F)(2), 5(G), 7(D), 8(A)(1)(b), 8(C),
9(A)(6) and 9(D); and Ch. 858 sections
7(O) and 13).
There are several Federal rules that
have been vacated, withdrawn, or
superseded. As a result, authorization of
these rules may be moot. However, for
purposes of completeness, these rule
checklists are included here with an
explanation as to the rule’s status in
Maine. These checklists include: CL
216: Exclusion of Oil-Bearing Secondary
Materials Processed in a Gasification
System to Produce Synthetic Gas (73 FR
57, January 2, 2008); CL 221: Expansion
of RCRA Comparable Fuel Exclusion (73
FR 77954, December 19, 2008); CL 224:
Withdrawal of the Emission Comparable
Fuel Exclusion (75 FR 33712, June 15,
2010); and CL 234: Vacatur of the
Comparable Fuels Rule and the
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Analogous state authority
Gasification Rule (80 FR 18777, April 8,
2015)—CLs 216, 221, and 224 have been
vacated. CL 234 implements the vacatur
of these provisions. Maine did not adopt
the exclusions contained in CLs 216,
221, or 224; therefore, the adoption of
CL 234 in Maine would be
inconsequential. Maine’s authorized
program continues to be equivalent to
and no less stringent than the Federal
program without having to make any
conforming changes pursuant to these
rule checklists.
H. Where are the revised State rules
different from the Federal rules?
When revised State rules differ from
the Federal rules in the RCRA State
authorization process, EPA determines
whether the State rules are equivalent
to, more stringent than, or broader in
scope than the Federal program.
Pursuant to RCRA section 3009, 42
U.S.C. 6929, State programs may
contain requirements that are more
stringent than the Federal regulations.
Such more stringent requirements can
be federally authorized and, once
authorized, become federally
enforceable. Although the statute does
not prevent states from adopting
regulations that are broader in scope
than the Federal program, states cannot
receive federal authorization for such
regulations, and they are not federally
enforceable.
1. Maine Requirements That Are
Broader in Scope
Maine’s hazardous waste program
contains certain provisions that are
broader than the scope of the Federal
program. These broader in scope
provisions are not part of the program
the EPA is proposing to authorize. The
EPA cannot enforce requirements that
are broader in scope, although
compliance with such provisions is
required by State law. In 2002, in
response to vacaturs ordered by the
court, the EPA codified the decision that
the Toxicity Characteristic Leaching
Procedure (TCLP) may not be used for
determining whether manufactured gas
plant (MGP) waste is hazardous under
RCRA. Maine has not adopted this
change; therefore it regulates MGP waste
that is determined to be hazardous using
the TCLP. State-only wastes make
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06–096 C.M.R. Ch. 850.3A(4)(a)(xxv).
Maine’s universe of regulated hazardous
waste larger than the EPA’s and is
therefore broader in scope.
2. Maine’s Requirements That Are More
Stringent Than the Federal Program
Maine’s hazardous waste program
contains several provisions that are
more stringent than the Federal RCRA
program. More stringent provisions are
part of a federally-authorized program
and are, therefore, federally enforceable.
Under this action, the EPA would
authorize every provision in Maine’s
program that is more stringent. The
provisions of the proposed program
revision that are more stringent are
noted in Table 1. They include, but are
not limited to, the following:
(a) There are several conditional
exclusions from the definition of solid
waste that Maine has not adopted. They
include the exclusions at: 40 CFR
261.4(a)(9), (12), (18), (19) and (20). In
addition, there are also exclusions from
the definition of hazardous waste that
Maine has not adopted. They include
the exclusions at 40 CFR 261.4(b)(4) for
the co-disposed wastes associated with
coal combustion residuals and 40 CFR
261.4(b)(7) for mining wastes. Maine
regulates mining waste in Chapter 200.
Therefore, Maine’s regulations are more
stringent with respect to the exclusions
listed here.
(b) Maine regulates Conditionally
Exempt Small Quantity Generators
(CESQGs) more stringently by not
allowing CESQG waste disposal in
Subtitle D landfills and requiring the
waste to be shipped on a hazardous
waste manifest.
(c) There are various permitting
provisions that Maine has adopted that
include more stringent requirements.
They include the following: all
hazardous waste landfills, surface
impoundments and wastes piles must
have double liners; a leachate detection,
collection and removal system must be
installed between the top synthetic liner
and bottom composite liner in addition
to one installed immediately above the
top synthetic liner for all land disposal
units; the demonstration for disposal of
non-hazardous liquid waste in landfills
is not allowed; all new drip pads must
be constructed with a liner, and a leak
detection and collection system; the use
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of the financial test or corporate
guarantee for liability coverage is not
allowed; and, Maine did not adopt the
provisions in 40 CFR part 266, subpart
H, boilers and industrial furnaces are
regulated as incinerators in Maine.
(d) Maine’s manifest recordkeeping
requirements are also more stringent.
Records must be kept for the life of the
facility if that facility is the ultimate
destination for the waste. In addition,
for bulk shipments where a manifest has
not been received by the designated
facility (unmanifested waste), or where
a paper manifest or shipping paper is
used, the facility must send a copy of
the manifest or shipping paper to Maine
DEP within 7 days.
(e) Maine did not adopt the 40 CFR
part 266, subpart M provisions for
military munitions. If munitions are a
waste and also a hazardous waste, then
they are regulated under Maine’s
hazardous waste program, except under
an emergency response per the
provisions in Chapter 856, section
18(A)(4).
(f) The EPA excludes mixtures of nonhazardous waste with certain listed
hazardous wastes from the definition of
hazardous waste if certain conditions
are met. The types of mixtures and
associated conditions for exclusion are
listed in 40 CFR 261.3(a)(2)(iv) and are
generally referred to as the ‘‘headworks
exemption.’’ Maine does not include
these provisions in their regulations but
regulates these mixtures as a hazardous
waste, see Chapter 850, section
3(A)(3)(b)(ii) and 3(A)(3)(b)(iii).
(g) The EPA conditionally excludes
certain wastes generated from the
treatment, storage or disposal of listed
wastes from hazardous waste regulation
in 40 CFR 261.3(c)(2)(ii). In 40 CFR
261.4(b)(15), the EPA conditionally
excludes leachate or gas condensate
collected in landfills where certain
inorganic chemical manufacturing
wastes (namely, K169, K170, K171,
K172, K174, K175, K176, K 177, K178,
and K181) have been disposed. Maine
regulates any waste generated from the
handling of a hazardous waste as
hazardous waste, including any sludge,
spill residue, ash, emission control dust,
and leachate, see Chapter 850, section
3(A)(3)(c)(ii).
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I. Who handles permits after the
authorization takes effect?
Maine will continue to issue permits
covering all the provisions for which it
is authorized and will administer the
permits it issues. EPA will implement
and issue permits for any HSWA
requirements for which Maine is not yet
authorized in the future.
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J. How would this action affect Indian
Country (18 U.S.C. 115) in Maine?
Maine is not authorized to carry out
its hazardous waste program in Indian
country within the State, which
includes the land of the Houlton Band
of Maliseet Indians; the Mi’kmaq
Nation; the Passamaquoddy Tribe at
Pleasant Point and Indian Township;
and the Penobscot Nation. In its
Attorney General’s statement, as
amended on July 25, 2022, the State
asserted it has jurisdiction in Indian
country pursuant to the Act to
Implement the Maine Indian Claims
Settlement (Maine Implementing Act),
30 M.R.S. sections 6201 to 6214, and the
federal Maine Indian Claims Settlement
Act, 25 U.S.C. 1721 to 1735 (former
codification). Because of the significant
time and resources needed to address
the State’s assertion of authority to
regulate activities on Indian country
under RCRA, the EPA is not making a
determination on such authority as part
of the decision. This approach allows
EPA to move forward with approval of
the State’s program elsewhere in the
State while it continues to work on the
State’s assertion in Indian country. EPA
is committed to doing so following
consultation with the federally
recognized Indian tribes in Maine,
consistent with Executive Order 13175
(Nov. 6, 2000) and EPA’s Policy on
Consultation and Coordination with
Indian Tribes (May 4, 2011). Therefore,
this action has no effect on Indian
country. EPA retains jurisdiction over
Indian country and will continue to
implement and administer the RCRA
program on these lands.
K. What is codification and will the
EPA codify Maine hazardous waste
program as authorized in this rule?
Codification is the process of placing
citations and references to the State’s
statutes and regulations that comprise
the State’s authorized hazardous waste
program into the Code of Federal
Regulations. EPA does this by adding
those citations and references to the
authorized State rules in 40 CFR part
272. EPA is not proposing to codify the
authorization of Maine’s changes at this
time. However, EPA reserves the ability
to amend 40 CFR part 272, subpart U for
the authorization of Maine’s program at
a later date.
L. Statutory and Executive Order
Reviews
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,
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2011). This action authorizes State
requirements for the purpose of RCRA
section 3006 and imposes no additional
requirements beyond those imposed by
State law. Therefore, this action is not
subject to review by OMB. This action
is not an Executive Order 13771 (82 FR
9339, February 3, 2017) regulatory
action because actions such as today’s
authorization of Maine’s revised
hazardous waste program under RCRA
are exempted under Executive Order
12866. 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 (2 U.S.C. 1531–
1538). For the same reason, this action
also does not significantly or uniquely
affect the communities of tribal
governments, as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000). This action will not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
authorizes State requirements as part of
the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This action 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), the 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 the EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
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requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in taking
this action, the EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. The
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
this action 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 action 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 action authorizes preexisting 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, this rule is not subject to
Executive Order 12898.
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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: September 23, 2022.
David W. Cash,
Regional Administrator, U.S. EPA Region I.
[FR Doc. 2022–21321 Filed 9–30–22; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 220926–0200]
RIN 0648–BH70
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Electronic Monitoring Program
Regulations for Bottom Trawl and NonWhiting Midwater Trawl Vessels in the
Pacific Coast Groundfish Trawl Catch
Share Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This rule will implement
electronic monitoring (EM) program
regulations for vessels using groundfish
bottom trawl and non-whiting midwater
trawl gear in the Pacific Coast
Groundfish Trawl Catch Share Program.
This action will allow vessels using
bottom trawl and non-whiting midwater
trawl gear to use EM in place of human
observers to meet requirements for 100
percent at-sea catch monitoring. This
action is intended to increase
operational flexibility and reduce
monitoring costs for vessels in the
groundfish trawl fishery. This rule also
revises some language in existing
regulations for EM vessels and EM
service providers to clarify and
streamline EM program requirements.
DATES: Effective November 2, 2022.
SUMMARY:
Electronic Access
This final rule is accessible at the
Office of the Federal Register website at
https://www.federalregister.gov.
Background information and documents
are available at the NMFS West Coast
Region website at: https://
www.fisheries.noaa.gov/species/westcoast-groundfish and at the Pacific
Fishery Management Council’s website
at https://www.pcouncil.org/managed_
fishery/electronic-monitoring/.
FOR FURTHER INFORMATION CONTACT:
Colin Sayre, phone: 206–526–4656, or
email: colin.sayre@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Pacific Coast Groundfish Fishery
Management Plan (FMP) specifies
management measures for over 90
different groundfish species in Federal
waters off the West Coast states. Target
species in the commercial fishery
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59705
include Pacific whiting (hake),
sablefish, dover sole, and rockfish,
which are harvested by vessels
primarily using midwater trawl and
bottom trawl gear, and to a lesser extent
‘‘fixed gear’’ fish pots and longline. The
trawl fishery is managed under the West
Coast Groundfish Trawl Catch Share
Program (Catch Share Program), which
was implemented through Amendment
20 to the FMP in January 2011. The
Catch Share Program consists of an
individual fishing quota (IFQ) program
for the shorebased trawl fishery
(including whiting and non-whiting
sectors), and cooperatives for the at-sea
mothership (MS) and catcher/processor
(C/P) trawl fisheries (whiting only). The
Catch Share Program requires 100
percent monitoring of vessels at sea, and
dockside when offloading, to ensure
accountability for all landings and
discards of allocated IFQ species. The
West Coast Groundfish Observer
Program (WCGOP) is responsible for the
training, briefing, and in-season support
of at-sea observers in the Catch Share
Program. WCGOP helps to manage and
review the catch data collected by
observers while at sea.
Vessel owners and first receivers are
responsible for obtaining and funding
catch share observers and catch
monitors as a condition of participating
in the Catch Share Program. To provide
a potential cost-saving alternative to
human observers, the Pacific Fishery
Management Council, NMFS, and
groundfish stakeholders have been
developing an electronic monitoring
(EM) program as an option to meet atsea monitoring requirements of the
Catch Share Program. EM uses cameras
and associated sensors to record and
monitor fishing activities while a vessel
is operating at sea. Video data is later
reviewed by an analyst onshore to
collect catch and effort information. EM
can reduce monitoring costs for some
vessels because it does not require
deploying a human observer to the
vessel, and associated, labor, travel, and
logistical expenses.
NMFS published a final rule on June
28, 2019, (84 FR 31146) that established
the overall EM program requirements,
including an application process and
responsibilities for participating vessel
owners and operators and EM service
providers, and requirements for first
receivers receiving catch from EM trips.
These rules also detailed gear-specific
protocols for the use of EM on whiting
and fixed gear trips. As discussed in
these rules, the Council originally
considered including regulations for all
gear types used in the Catch Share
Program (whiting, non-whiting
midwater, bottom trawl, and fixed gear)
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]]>Agencies
[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Rules and Regulations]
[Pages 59699-59705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21321]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R01-RCRA-2022-0421; FRL-10012-02-R1]
Maine: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Maine has applied to the Environmental Protection Agency (EPA)
for final authorization of revisions to its hazardous waste program
under the Resource Conservation and Recovery Act (RCRA), as amended.
The EPA has reviewed Maine's application and has determined that these
revisions satisfy all requirements needed to qualify for final
authorization. Therefore, we are taking direct final action to
authorize the State's changes. In the ``Proposed Rules'' section of
this issue of the Federal Register, the EPA is also publishing a
separate document that serves as the proposal to authorize these
revisions. Unless the EPA receives written comments that oppose this
authorization during the comment period, the decision to authorize
Maine's revisions to its hazardous waste program will take effect.
DATES: This final authorization will become effective on December 2,
2022, unless the EPA receives adverse written comments by November 2,
2022. If the EPA receives any such comment, the 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-R01-
RCRA-2022-0421, at https://www.regulations.gov/. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sharon Leitch, RCRA Waste Management,
UST and Pesticides Section; Land, Chemicals and Redevelopment Division;
EPA Region 1, 5 Post Office Square, Suite 100 (Mail code 07-1), Boston,
MA 02109-3912; telephone number: (617) 918-1647; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States that have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
states must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
New Federal requirements and prohibitions imposed by Federal
regulations that the EPA promulgates pursuant to the Hazardous and
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states
at the same time that they take effect in unauthorized states. Thus,
the EPA will implement those requirements and prohibitions in Maine,
including the issuance of new permits implementing those requirements,
until Maine is granted authorization to do so.
B. What decisions has the EPA made in this rule?
On June 8, 2022, Maine submitted a complete program revision
application seeking authorization of revisions to its hazardous waste
program. The EPA concludes that Maine'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, the EPA grants final
[[Page 59700]]
authorization to Maine to operate its hazardous waste program with the
revisions described in its authorization application, and as listed
below in Section G of this document.
The Maine Department of Environmental Protection (MDEP) has
responsibility for permitting treatment, storage, and disposal
facilities within its borders and for carrying out the aspects of the
RCRA program described in its application, subject to the limitations
of HSWA, as discussed above.
C. What is the effect of today's authorization decision?
This decision serves to authorize Maine for the revisions to its
authorized hazardous waste program described in its authorization
application. These changes will become part of the authorized State
hazardous waste program and will therefore be federally enforceable.
Maine will continue to have primary enforcement authority and
responsibility for its State hazardous waste program. The EPA would
maintain its authorities under RCRA sections 3007, 3008, 3013, and
7003, including its authority to:
Conduct inspections, and require monitoring, tests,
analyses and reports;
Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
Take enforcement actions regardless of whether the State
has taken its own actions.
This action will not impose additional requirements on the
regulated community because the regulations for which the EPA is
authorizing Maine are already effective under State law and are not
changed by today's action.
D. Why wasn't there a proposed rule before today's rule?
Along with this direct final rule, the EPA is publishing a separate
document in the ``Proposed Rules'' section of this issue of the Federal
Register that serves as the proposal to authorize Maine's program
revisions. The EPA did not publish a proposal before today's rule
because the EPA views this as a routine program change and does not
expect comments that oppose this approval. The EPA is providing an
opportunity for public comment now, as described in Section E of this
document.
E. What happens if the EPA receives comments that oppose this action?
If the EPA receives comments that oppose this authorization, the
EPA will withdraw today's direct final rule by publishing a document in
the Federal Register before the rule becomes effective. The EPA will
base any further decision on the authorization of Maine's program
revisions on the proposal mentioned in the previous section, after
considering all comments received during the comment period. The 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 the EPA receives comments that oppose only the authorization of
a particular revision to Maine's hazardous waste program, the 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 Maine previously been authorized for?
Maine initially received final authorization effective May 20, 1988
(53 FR 16264) to implement the RCRA hazardous waste management program.
The EPA granted authorization for revisions to Maine's regulatory
program on the following dates: June 24, 1997, effective August 25,
1997 (62 FR 34007); and November 9, 2004, effective January 10, 2005
(69 FR 64861); and June 26, 2020, effective immediately (85 FR 38330).
G. What revisions is the EPA proposing with this proposed action?
On June 8, 2022, Maine submitted a final complete program revision
application, seeking authorization of additional revisions to its
program in accordance with 40 CFR 271.21. Maine seeks authority to
administer the Federal requirements that are listed in Table 1 below.
This table lists Maine's analogous requirements that are being
recognized as no less stringent than the analogous Federal
requirements.
Maine's regulatory references are to the Hazardous Waste Management
Rules, 06-096 of the Code of Maine Rules (CMR), Chapters 850-858, as
amended effective October 6, 2021, and to the Rules Concerning the
Processing of Applications and Other Administrative Matters, 06-096
CMR, Chapter 2, as amended effective June 9, 2018. Maine's statutory
authority to operate its hazardous waste program is found in the
Hazardous Waste, Septage, and Solid Waste Management Act, 38 M.R.S.
sections 1301 through 1319-Y.
The EPA proposes to determine, subject to public review and
comment, that Maine's hazardous waste program revisions are equivalent
to, consistent with, and no less stringent than the Federal program,
and therefore satisfy all of the requirements necessary to qualify for
final authorization. Therefore, the EPA is proposing to authorize Maine
for the following program revisions:
Table 1--Maine's Analogs to the Federal Requirements
------------------------------------------------------------------------
Federal Register Analogous state
Federal requirement page and date authority
------------------------------------------------------------------------
Checklist (CL) 71: Mining 55 FR 2322; January 06-096 Code of Maine
Waste Exclusion II. 23, 1990. Rules (C.M.R.) Ch.
857.3C and
857.7A(1)(a).
More stringent
provisions: Ch.
850.3(A)(4)(a)(ix)
NOTE.
CL 77: HSWA Codification 55 FR 19262; May 9, 06-096 C.M.R. Ch.
Rule, Double Liners; 1990. 854.9(B)
Correction.
CL 79: Organic Air Emission 55 FR 25454; June 06-096 C.M.R. Ch.
Standards for Process Vents 21, 1990. 850.3(A)(2); Ch.
and Equipment Leaks. 854. 6(C)(3),
(C)(5), (C)(10(b),
(C)(14), and
(C)(20); Ch. 855.
9(A)(3), (A)(5),
(A)(10)(b),
(A)(14), and
(A)(18); Ch.
856.10(B) and
10(B)(21).
CL 82: Wood Preserving 55 FR 50450; 06-096 C.M.R. Ch.
Listings. December 6, 1990. 850.3(C)(2)(a) and
Appendix VII and
VIII; Ch.
851.13(G); Ch.
854.12(B)(1) and
854.15; Ch.
855.9(D) and
855.9(L); and Ch.
856.10(L).
[[Page 59701]]
More stringent
provisions: 06-096
C.M.R. Ch.
854.15(A)(2) and
854.15(B)(1).
CL 87: Organic Air Emission 56 FR 19290; April 06-096 C.M.R. Ch.
Standards for Process Vents 26, 1991. 854.6(C)(20); Ch.
and Equipment Leaks; 855.9(A)(3),
Technical Amendment. 855.9(A)(10)(b),
855.9(A)(18); and
Ch. 856.10(B)(21).
CL 90: Mining Waste 56 FR 27300; June More stringent
Exclusion III. 13, 1991. provisions: 06-096
C.M.R. Ch.
850.3(A)(4)(a)(ix)
NOTE
CL 92: Wood Preserving 56 FR 30192; July 1, 06-096 C.M.R. Ch.
Listings; Technical 1991. 850.3(C)(2)(a); Ch.
Corrections. 851.8(B)(2);
851.8(B)(3); and
851.13(G); Ch.
854.15(B); Ch.
855.9(L); and
Ch.856.10(L).
CL 97: Exports of Hazardous 56 FR 43704; 06-096 C.M.R. Ch.
Waste; Technical Correction. September 4, 1991. 857.7(D).
CL 100: Liners and Leak 57 FR 3462; January 06-096 C.M.R. Ch.
Detection Systems for 29, 1992. 854.3(HH);
Hazardous Waste Land 854.6(C)(7);
Disposal Units. 854.8(B); 854.8(C);
854.8(H); 854.9(B);
854.9(C); 854.9(E);
854.9(G); 854.11(B)
and (C); 854.12(B)
and (C); Ch.
855.9(A)(5);
855.9(A)(7);
855.9(A)(10)(b);
855.9(B), (E), (F),
and (H); Ch.
856.10(C) and
856.10(F).
More stringent
provisions: Ch.
854.8(B)(1) and
(2); 854.9(B)(1),
854.9(B)(2)(b);
854.9(B)(5);
854.9(C)(2);
854.11(B)(1), (3),
(4), (5) and (6);
and 854.19.
CL 113, 113.1, 113.2: 53 FR 33938; 06-096 C.M.R. Ch.
Consolidated Liability September 1, 1988; 854.6(C)(17); and
Requirements. 56 FR 30200; July Ch. 855.9(A)(17).
1, 1991; 57 FR More stringent
42832; September provisions: Ch.
16, 1992. 854.6(C)(17)(e)
CL 118: Liquids in Landfills 57 FR 54452; 06-096 C.M.R. Ch.
II. November 18, 1992. 854.6(C)(3) and
854.8(C)(5); Ch.
855.9(A)(3) and
855.9(H).
More stringent
provisions: Ch.
854.8(C)(5)(a).
CL 120: Wood Preserving; 57 FR 61492; 06-096 C.M.R. Ch.
Amendments to Listings and December 24, 1992. 850.3(C)(3); Ch.
Technical Requirements. 854.15.
More stringent
provisions: Ch.
854.15(B)(1) and
Ch. 855.9(L).
CL 131: Recordkeeping 59 FR 13891; March 06-096 C.M.R. Ch.
Instructions; Technical 24, 1994. 854.6(C)(10); and
Amendment. Ch. 855.9(A)(10).
CL 140: Carbamate Production 60 FR 7824; February 06-096 C.M.R. Ch.
Listings. 9, 1995 as amended 850.3(C)(3),
April 17, 1995 (60 850.3(C)(4)(e),
FR 19165) and May 850.3(C)(4)(f);
12, 1995 (60 FR 850, Appendix VII
25619). and VIII.
CL 148: RCRA Expanded Public 60 FR 63417; 06-096 C.M.R. Ch
Participation. December 11, 1995. 2.2(A); 2.10(B)(5);
2.13(A); 2.16; Ch.
856.5,
856.10(A)(12),
856.10(A)(15) and
(16),
856.10(B)(20),
856.10(D) and
856.16.
CL 152: Imports and Exports 61 FR 16290; April 06-096 C.M.R.
of Hazardous Waste: 12, 1996. Ch.851.4(B); Ch.
Implementation of OECD 853.8(C), 853.11(G)
Council Decision. and 853.11(I); Ch.
854.6(C)(14) and
854.8(C)(2); Ch.
855.9(A)(2),
855.9(A)(14) and
855.9(N); Ch.
857.7(D), 857.8(C)
and 857.9(D); Ch.
858.7(C).
CL 153: Conditionally Exempt 61 FR 34252; July 1, More stringent
Small Quantity Generator 1996. provision 06-096
(CESQG) Disposal Options C.M.R. Ch
under Subtitle D). 850.3(A)(5).
CL 156: Military Munitions 62 FR 6622; February 06-096 C.M.R. Ch.
Rule. 12, 1997. 851.13(F); Ch.
853.10(C); Ch.
854.6(C)(15),
854.16(B)(2),
854.16(C)(3) and
854.16(D); Ch.
855.3 and 855.9(M);
Ch. 856.5(C),
856.18(A)(4) and
856.18(B); Ch.
857.3(K), 857.5 and
857.10.
CL 159: Conformance with the 62 FR 32974; June 06-096 C.M.R. Ch.
Carbamate Vacatur. 17, 1997. 850.3(C)(3),
850.3(C)(4)(f),
App. VII and App.
VIII; Ch. 852.13
and 852.14(A).
CL 167E: Bevill Exclusion 63 FR 28556; May 26, 06-096 C.M.R. Ch.
Revisions and 1998. 850.3(A)(4).
Clarifications.
CL 169: Petroleum Refining 63 FR 42110; August 06-096 C.M.R. Ch.
Process Listings. 6, 1998, as amended 850.3(C)(3) and
October 9, 1998 (63 App. VII; Ch.
FR 54356). 852.13 and 852.14.
CL 179: Land Disposal 64 FR 25408; May 11, 06-096 C.M.R. Ch.
Restrictions Phase IV-- 1999. 851.4(A),
Technical Corrections and 851.8(B)(5),
Clarifications to Treatment 851.9(G); and Ch.
Standards. 852.3(D), 852.3(I),
852.10.
CL 182: Hazardous Air 64 FR 52828; 06-096 C.M.R. Ch.
Pollutant Standards for September 30, 1999, 854.13(A)(2),
Combustors. as amended November 854.13(B)(5),
19, 1999 (64 FR 854.16(B)(1); Ch.
63209). 855.9(A)(16),
855.9(I); Ch.
856.10(D)(1), (2)
and (3), and
856.11(A)(6).
[[Page 59702]]
CL 183: Land Disposal 64 FR 56469; October 06-096 C.M.R. Ch.
Restrictions Phase IV-- 20, 1999. 850.3(C)(3); Ch.
Technical Corrections. 851.8(B)(5) and
851.8(G); Ch.
852.10, 852.14(A)
and 852.14(D).
CL 187: Petroleum Refining 64 FR 36365; June 8, 06-096 C.M.R. Ch.
Process Wastes-- 2000. 850.3(C)(2)(a).
Clarification.
CL 189: Chlorinated 65 FR 67067; 06-096 C.M.R. Ch.
Aliphatics Production November 8, 2000. 850.3(C)(3), 850,
Listings. Appendix VII and
VIII; Ch. 852.13
and 852.14(A).
CL 195: Inorganic Chemical 66 FR 58257; 06-096 C.M.R. Ch.
Manufacturing Listings. November 20, 2001, 850.3(C)(3) and
as amended April 9, 850, Appendix VII;
2002 (67 FR 17119). Ch. 852.13 and
852.14.
CL 198: Hazardous Air 67 FR 6968; February 06-096 C.M.R. Ch.
Pollutant Standards for 14, 2002. 854.13 and Ch.
Combustors: Corrections. 856.10(D).
CL 199: Vacatur of Mineral 67 FR 11251; March 06-096 C.M.R Ch.
Processing Spent Materials 13, 2002. 850.3(A)(4)(a).
Being Reclaimed as Solid
Wastes and TCLP Use with
MGP Waste.
CL 200: Zinc Fertilizer Rule 67 FR 48393 July 24, 06-096 C.M.R. Ch.
2002. 850.3(A)(4)(a) and
Ch. 852.14(A).
CL 206: Nonwastewaters from 70 FR 9138; February 06-096 C.M.R. Ch.
Dyes and Pigments. 24, 2005. 850.3(C)(3) and
850, Appendix VII
and VIII; Ch.
852.13 and 852.14.
CL 207: Uniform Hazardous 70 FR 10776; March 06-096 C.M.R. Ch.
Waste Manifest Rule. 4, 2005. 850.3(A)(7)(e); Ch.
851.8(A)(4) and
851.8(A)(5); Ch.
854.6(C)(13); Ch.
855.9(A)(13) &
855.9(A)(15); Ch.
857.3(C), (I) and
(J), 857.5(A),
857.7(B), 857.7(D),
857.7(I),
857.8(A)(1),
857.8(C), 857.8(E),
857.8(I), 857.9,
857.9(A)(3),
857.9(A)(7),
857.9(B) and
857.9(D).
CL 222: OECD Requirements; 75 FR 1236; January 06-096 C.M.R. Ch.
Export Shipments of Spent 8, 2010. 853.8(C); Ch.
Lead-Acid Batteries. 854.6(C)(2) and
854.6(C)(15); Ch.
855.9(A)(2); Ch.
857.7(D), 857.8(C)
and 857.9(D); Ch.
858.12.
CL 225: Removal of Saccharin 75 FR 78918; 06-096 C.M.R. Ch.
and Its Salts from the December 17, 2010. 850.3(C)(4) and
Lists of Hazardous 850, Appendix VIII.
Constituents, Hazardous
Wastes, and Hazardous
Substances.
CL 232: Revisions to the 79 FR 36220; June 06-096 C.M.R. Ch.
Export Provisions of the 26, 2014. 857.7(D)(1) and
Cathode Ray Tube Rule. (2); Ch. 858.5(A);
858.7(O)(1) and
(2).
CL 235: Disposal of Coal 80 FR 21302; April 06-096 C.M.R. Ch.
Combustion Residuals from 17, 2015. 850.3(A)(4)(a)(x).
Electric Utilities.
CL 236: Imports and Exports 81 FR 85696; 06-096 C.M.R. Ch.
of Hazardous Waste. November 28, 2016, 850.3(A)(4)(a)(xii)
as amended August and
29, 2017 (82 FR 850.3(A)(4)(b)(iii)
41015) and August ; Ch. 851.4(B); Ch.
6, 2018 (83 FR 853.8(C) and
38263). 853.11(O); Ch.
854.6(C)(2) and
854.6(C)(15); Ch.
855.9(A)(2) and
(15); Ch. 857.7(D),
857.7(D)(1),
857.7(D)(2),
857.8(C), 857.9(D)
and (E); Ch.
858.7(C), 858.7(O),
858.8(A), 858.9(A),
858.12 and 858.13.
CL 238: Confidentiality 83 FR 60894; 06-096 C.M.R. Ch.
Determinations for December 26, 2017. 857.7(D),
Hazardous Waste Export and 857.7(D)(2) and
Import Documents. 857.7(D)(3); Ch.
858.7(O)(3).
Special Consolidated 59 FR 62896; 06-096 C.M.R. Ch.
Checklist for the Organic December 6, 1994, 851.8(B)(6); Ch.
Air Emission Standards for as amended May 19, 854.6(C)(3),
Tanks, Surface 1995 (60 FR 26828), 854.6(C)(5),
Impoundments, and September 29, 1995 854.6(C)(9)(b),
Containers (Checklists: (60 FR 50426), 854.6(C)(13),
154, 154.1, 154.2, 154.3, November 13, 1995 854.6(C)(20),
154.4, 154.5, 154.6, 163, (60 FR 56952), 854.9(C)(5),
177). February 9, 1996 854.12(B)(1)
(61 FR 4903), June 854.12(C)(9), and
5, 1996 (61 FR 854.16(B)(1); Ch.
28508), November 855.9(A)(3),
25, 1996 (61 FR 855.9(A)(5),
59932). 62 FR 855.9(A)(9)(b),
64636; December 8, 855.9(A)(13),
1997, and 64 FR 855.9A (17),
3382; January 21, 855.9(A)(18),
1999. 855.9(C), 855.9(D)
and 855.9(E); Ch.
856.10(B)(3),
856.10(C)(1),
856.10(E),
856.10(H) and
856.13(A)(7).
Special Consolidated 79 FR 7518; February 06-096 C.M.R. Ch.
Checklist for the Hazardous 7, 2014, and 83 FR 854.6(C)(14) and
Waste Electronic Manifest 420; January 3, 854.6(C)(20); Ch.
Rules (Checklists 231 and 2018. 855.9(A)(14) and
239). 855.9(A)(18); Ch.
857.3(D), 857.3(E),
857.3(I), 857.3(L),
857.3(O), 857.5(A),
857.5(B), 857.5(E),
857.5(F), 857.5(G),
857.5(I), 857.5(H),
857.7(A)(1)(e),
857.8(A)(1),
857.8(A)(5),
857.8(C), 857.8(D),
857.8(E), 857.8(F),
857.8(G), 857.8(H),
857.8(I), 857.9(A)
and 857.9(C).
More stringent
provisions: Ch.
857.8(B) and
857.9(A)(3)(d).
[[Page 59703]]
Recycled Used Oil Management 57 FR 41566; 06-096 C.M.R. Ch.
Standards (40 CFR September 10, 1992. 850.3A(4)(a)(xxv).
261.6(a)(4), the recycled
used oil exclusion).
------------------------------------------------------------------------
EPA is also authorizing Maine for the land disposal restrictions
(LDR) in 40 CFR 268.30. In addition, EPA is authorizing Maine for
revisions to previously authorized rules, they include:
850.3(A)(4)(a)(xxiv)--clarifying the applicability of the tolling
agreement or the need to overcome the rebuttable presumption if there
is no tolling agreement in the used cutting oil exclusion; 858.4(N)--
clarifying the definition of ``recycling facility'' to mean a
destination facility as defined in 40 CFR 273.9 or a facility
authorized to perform the universal waste recycling activity;
858.5(A)--clarifying that the intentional breakage of universal waste
is considered treatment; and 854.8(A)(3)(a), 854.9(A)(2),
854.10(A)(1)(b), 854.11(A)(2) and 854.16(A)(1)(a)--these revisions,
which incorporate drinking water guidelines, support the implementation
of other provisions of the Maine hazardous waste program, as they are
utilized for the limited purpose of determining whether waste has
migrated to surface or groundwaters.
EPA cannot delegate certain federal requirements associated with
the federal manifest registry system, the electronic manifest system,
and international shipments (i.e., import and export provisions). Maine
has adopted these requirements and appropriately preserved the EPA's
authority to implement them (see 06-096 C.M.R. Ch. 857, sections 3(D),
3(E), 3(L), 3(O), 5(F)(2), 5(G), 7(D), 8(A)(1)(b), 8(C), 9(A)(6) and
9(D); and Ch. 858 sections 7(O) and 13).
There are several Federal rules that have been vacated, withdrawn,
or superseded. As a result, authorization of these rules may be moot.
However, for purposes of completeness, these rule checklists are
included here with an explanation as to the rule's status in Maine.
These checklists include: CL 216: Exclusion of Oil-Bearing Secondary
Materials Processed in a Gasification System to Produce Synthetic Gas
(73 FR 57, January 2, 2008); CL 221: Expansion of RCRA Comparable Fuel
Exclusion (73 FR 77954, December 19, 2008); CL 224: Withdrawal of the
Emission Comparable Fuel Exclusion (75 FR 33712, June 15, 2010); and CL
234: Vacatur of the Comparable Fuels Rule and the Gasification Rule (80
FR 18777, April 8, 2015)--CLs 216, 221, and 224 have been vacated. CL
234 implements the vacatur of these provisions. Maine did not adopt the
exclusions contained in CLs 216, 221, or 224; therefore, the adoption
of CL 234 in Maine would be inconsequential. Maine's authorized program
continues to be equivalent to and no less stringent than the Federal
program without having to make any conforming changes pursuant to these
rule checklists.
H. Where are the revised State rules different from the Federal rules?
When revised State rules differ from the Federal rules in the RCRA
State authorization process, EPA determines whether the State rules are
equivalent to, more stringent than, or broader in scope than the
Federal program. Pursuant to RCRA section 3009, 42 U.S.C. 6929, State
programs may contain requirements that are more stringent than the
Federal regulations. Such more stringent requirements can be federally
authorized and, once authorized, become federally enforceable. Although
the statute does not prevent states from adopting regulations that are
broader in scope than the Federal program, states cannot receive
federal authorization for such regulations, and they are not federally
enforceable.
1. Maine Requirements That Are Broader in Scope
Maine's hazardous waste program contains certain provisions that
are broader than the scope of the Federal program. These broader in
scope provisions are not part of the program the EPA is proposing to
authorize. The EPA cannot enforce requirements that are broader in
scope, although compliance with such provisions is required by State
law. In 2002, in response to vacaturs ordered by the court, the EPA
codified the decision that the Toxicity Characteristic Leaching
Procedure (TCLP) may not be used for determining whether manufactured
gas plant (MGP) waste is hazardous under RCRA. Maine has not adopted
this change; therefore it regulates MGP waste that is determined to be
hazardous using the TCLP. State-only wastes make Maine's universe of
regulated hazardous waste larger than the EPA's and is therefore
broader in scope.
2. Maine's Requirements That Are More Stringent Than the Federal
Program
Maine's hazardous waste program contains several provisions that
are more stringent than the Federal RCRA program. More stringent
provisions are part of a federally-authorized program and are,
therefore, federally enforceable. Under this action, the EPA would
authorize every provision in Maine's program that is more stringent.
The provisions of the proposed program revision that are more stringent
are noted in Table 1. They include, but are not limited to, the
following:
(a) There are several conditional exclusions from the definition of
solid waste that Maine has not adopted. They include the exclusions at:
40 CFR 261.4(a)(9), (12), (18), (19) and (20). In addition, there are
also exclusions from the definition of hazardous waste that Maine has
not adopted. They include the exclusions at 40 CFR 261.4(b)(4) for the
co-disposed wastes associated with coal combustion residuals and 40 CFR
261.4(b)(7) for mining wastes. Maine regulates mining waste in Chapter
200. Therefore, Maine's regulations are more stringent with respect to
the exclusions listed here.
(b) Maine regulates Conditionally Exempt Small Quantity Generators
(CESQGs) more stringently by not allowing CESQG waste disposal in
Subtitle D landfills and requiring the waste to be shipped on a
hazardous waste manifest.
(c) There are various permitting provisions that Maine has adopted
that include more stringent requirements. They include the following:
all hazardous waste landfills, surface impoundments and wastes piles
must have double liners; a leachate detection, collection and removal
system must be installed between the top synthetic liner and bottom
composite liner in addition to one installed immediately above the top
synthetic liner for all land disposal units; the demonstration for
disposal of non-hazardous liquid waste in landfills is not allowed; all
new drip pads must be constructed with a liner, and a leak detection
and collection system; the use
[[Page 59704]]
of the financial test or corporate guarantee for liability coverage is
not allowed; and, Maine did not adopt the provisions in 40 CFR part
266, subpart H, boilers and industrial furnaces are regulated as
incinerators in Maine.
(d) Maine's manifest recordkeeping requirements are also more
stringent. Records must be kept for the life of the facility if that
facility is the ultimate destination for the waste. In addition, for
bulk shipments where a manifest has not been received by the designated
facility (unmanifested waste), or where a paper manifest or shipping
paper is used, the facility must send a copy of the manifest or
shipping paper to Maine DEP within 7 days.
(e) Maine did not adopt the 40 CFR part 266, subpart M provisions
for military munitions. If munitions are a waste and also a hazardous
waste, then they are regulated under Maine's hazardous waste program,
except under an emergency response per the provisions in Chapter 856,
section 18(A)(4).
(f) The EPA excludes mixtures of non-hazardous waste with certain
listed hazardous wastes from the definition of hazardous waste if
certain conditions are met. The types of mixtures and associated
conditions for exclusion are listed in 40 CFR 261.3(a)(2)(iv) and are
generally referred to as the ``headworks exemption.'' Maine does not
include these provisions in their regulations but regulates these
mixtures as a hazardous waste, see Chapter 850, section 3(A)(3)(b)(ii)
and 3(A)(3)(b)(iii).
(g) The EPA conditionally excludes certain wastes generated from
the treatment, storage or disposal of listed wastes from hazardous
waste regulation in 40 CFR 261.3(c)(2)(ii). In 40 CFR 261.4(b)(15), the
EPA conditionally excludes leachate or gas condensate collected in
landfills where certain inorganic chemical manufacturing wastes
(namely, K169, K170, K171, K172, K174, K175, K176, K 177, K178, and
K181) have been disposed. Maine regulates any waste generated from the
handling of a hazardous waste as hazardous waste, including any sludge,
spill residue, ash, emission control dust, and leachate, see Chapter
850, section 3(A)(3)(c)(ii).
I. Who handles permits after the authorization takes effect?
Maine will continue to issue permits covering all the provisions
for which it is authorized and will administer the permits it issues.
EPA will implement and issue permits for any HSWA requirements for
which Maine is not yet authorized in the future.
J. How would this action affect Indian Country (18 U.S.C. 115) in
Maine?
Maine is not authorized to carry out its hazardous waste program in
Indian country within the State, which includes the land of the Houlton
Band of Maliseet Indians; the Mi'kmaq Nation; the Passamaquoddy Tribe
at Pleasant Point and Indian Township; and the Penobscot Nation. In its
Attorney General's statement, as amended on July 25, 2022, the State
asserted it has jurisdiction in Indian country pursuant to the Act to
Implement the Maine Indian Claims Settlement (Maine Implementing Act),
30 M.R.S. sections 6201 to 6214, and the federal Maine Indian Claims
Settlement Act, 25 U.S.C. 1721 to 1735 (former codification). Because
of the significant time and resources needed to address the State's
assertion of authority to regulate activities on Indian country under
RCRA, the EPA is not making a determination on such authority as part
of the decision. This approach allows EPA to move forward with approval
of the State's program elsewhere in the State while it continues to
work on the State's assertion in Indian country. EPA is committed to
doing so following consultation with the federally recognized Indian
tribes in Maine, consistent with Executive Order 13175 (Nov. 6, 2000)
and EPA's Policy on Consultation and Coordination with Indian Tribes
(May 4, 2011). Therefore, this action has no effect on Indian country.
EPA retains jurisdiction over Indian country and will continue to
implement and administer the RCRA program on these lands.
K. What is codification and will the EPA codify Maine hazardous waste
program as authorized in this rule?
Codification is the process of placing citations and references to
the State's statutes and regulations that comprise the State's
authorized hazardous waste program into the Code of Federal
Regulations. EPA does this by adding those citations and references to
the authorized State rules in 40 CFR part 272. EPA is not proposing to
codify the authorization of Maine's changes at this time. However, EPA
reserves the ability to amend 40 CFR part 272, subpart U for the
authorization of Maine's program at a later date.
L. Statutory and Executive Order Reviews
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). This action authorizes
State requirements for the purpose of RCRA section 3006 and imposes no
additional requirements beyond those imposed by State law. Therefore,
this action is not subject to review by OMB. This action is not an
Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action
because actions such as today's authorization of Maine's revised
hazardous waste program under RCRA are exempted under Executive Order
12866. 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 (2 U.S.C. 1531-1538). For the same reason,
this action also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This
action 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), the 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 the EPA,
when it reviews a State authorization application, to require the use
of any particular voluntary consensus standard in place of another
standard that otherwise satisfies the
[[Page 59705]]
requirements of RCRA. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. As required by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996), in taking this action, the EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct. The EPA has complied with Executive Order 12630 (53
FR 8859, March 15, 1988) by examining the takings implications of this
action 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 action 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 action 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, this rule is not subject to
Executive Order 12898.
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: September 23, 2022.
David W. Cash,
Regional Administrator, U.S. EPA Region I.
[FR Doc. 2022-21321 Filed 9-30-22; 8:45 am]
BILLING CODE 6560-50-P
