[Federal Register: July 26, 2004 (Volume 69, Number 142)]
[Rules and Regulations]
[Page 44463-44467]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy04-5]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7791-3]
Maryland: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Maryland has applied to EPA for final authorization of changes
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). EPA has determined that these changes satisfy all
requirements needed to qualify for final authorization and is
authorizing Maryland's changes through this immediate final action. EPA
is publishing this rule to authorize the changes without a prior
proposal because we believe this action is not controversial and do not
expect comments that oppose it. Unless we receive written comments
which oppose this authorization during the comment period, the decision
to authorize Maryland's changes to its hazardous waste program will
take effect. If we receive comments that oppose this action, or
portions thereof, we will publish a document in the Federal Register
withdrawing the relevant portions of this rule before they take effect
and a separate document in the proposed rules section of this Federal
Register will serve as a proposal to authorize changes to Maryland's
program that were the subject of adverse comments.
DATES: This Final authorization will become effective on September 24,
2004, unless EPA receives adverse written comment by August 25, 2004.
If EPA receives any such comment, it will publish a timely withdrawal
of this immediate final rule in the Federal Register and inform the
public that this authorization, or portions thereof, will not take
effect as scheduled.
ADDRESSES: Submit your comments, identified by FRL-7791-3 by one of the
following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. E-mail: johnson.carol@epamail.epa.gov.
3. Mail: Carol Johnson, Mailcode 3WC21, RCRA State Programs Branch,
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 the normal hours of operation,
and special arrangements should be made for deliveries of boxed
information.
You may inspect and copy Maryland's application from 8:30 a.m. to
4:30 p.m., Monday through Friday at the following addresses: Maryland
Department of the Environment, Waste Management Administration,
Hazardous Waste Program, 1800 Washington Blvd., Suite 645, Baltimore,
Maryland 21230-1719, Phone number: (410) 537-3345, Attn: Ed Hammerberg,
and the EPA Region III, Library, 2nd Floor, 1650 Arch Street,
Philadelphia, PA 19103-2029, Phone number: (215) 814-5254.
Instructions: Direct your comments to FRL-7791-3. EPA's policy is
that all comments received will be included in the public docket
without change, 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 regulations.gov or e-mail. The federal
regulations.gov Web site is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
FOR FURTHER INFORMATION CONTACT: Carol Johnson, Mailcode 3WC21, RCRA
State Programs Branch, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029, Phone number: (215) 814-3378.
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 changes to become more
stringent or broader in scope, States must change their programs and
apply to EPA to authorize the changes. Authorization of 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 revise their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
B. What Decisions Have We Made in This Rule?
EPA concludes that Maryland's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Maryland final authorization
to operate its hazardous waste program with the changes described in
its application for program revisions, subject to the procedures
described in section E, below. 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.
[[Page 44464]]
C. What Is the Effect of Today's Authorization Decision?
This decision 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?
EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of today's
Federal Register we are publishing a separate document that proposes to
authorize Maryland's program changes. If EPA receives comments that
oppose this authorization, or portions thereof, that document will
serve as a proposal to authorize the changes to Maryland's program that
were the subject of adverse comment.
E. What Happens if EPA Receives Comments That Oppose This Action?
If EPA receives comments that oppose this authorization, or
portions thereof, we will withdraw this rule, or portions thereof, by
publishing a document in the Federal Register before the rule would
become effective. EPA will base any further decision on the
authorization of Maryland's program changes on the proposal mentioned
in the previous section. We will then address all public 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 we receive comments that oppose the authorization of a
particular change to the State's hazardous waste program, we will
withdraw that part of this rule, but the authorization of the program
changes that the comments do not oppose will become effective on the
date specified above. The Federal Register withdrawal document will
specify which part of the authorization will become effective, and
which part is being withdrawn.
F. What Has Maryland Previously Been Authorized for?
Initially Maryland 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 changes to
Maryland's regulatory program on June 1, 2001, effective July 31, 2001
(66 FR 29712).
G. What Changes Are We Authorizing With Today's Action?
On May 27, 2004, Maryland submitted a program revision application,
seeking authorization of additional changes 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,
changes to the Federal hazardous waste program, as published in the
Federal Register through June 1, 2001. We now make an immediate final
decision, subject to receipt of written comments that oppose this
action, that Maryland's hazardous waste program revision satisfies all
of the requirements necessary to qualify for final authorization.
Therefore, EPA grants Maryland final authorization for the following
program changes:
1. Program Revision Changes for Federal Rules
Maryland seeks authority to administer the Federal requirements
that are listed in Tables 1-A and 1-B below. Tables 1-A and 1-B
identify Maryland's analogs that are being recognized as equivalent or
more stringent to the appropriate Federal requirements. The regulatory
references are to Title 26, Subtitle 13 of the Code of Maryland
Regulations (COMAR), Chapters 01 through 07, and Chapter 10, as amended
effective November 1, 2002. The State's statutory authority for its
hazardous waste program is based on the Environment Article, Title 7,
Subtitle 2 of the Annotated Code of Maryland (1996 Repl. Vol., 1999
Cumul. Supp.). Maryland has made no changes to its hazardous waste
statutes since 1999.
Table 1-A.--Maryland's Analogs to the Federal Requirements
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Description of Federal
requirement (revision Federal Register Analogous state
checklists \1\) date and page authority
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Wood Preserving Listings 12/6/90, 55 FR COMAR 26.13.01.03B
(Revision Checklists 82, 50450; 7/1/91, 56 (16-1);
92, 120, 167F). FR 30192; 12/24/92, 26.13.02.04A(9),
57 FR 61492; 5/26/ .04C, .16A, .16C,
98, 63 FR 28556. .22, .23 and .24;
26.13.03.05E(1)(b),
(e), and (l);
26.13.05.10A(1),
.10A(5) and .17-1
through .17-4;
26.13.06.18A and
.26; 26.13.07.02-
11.
Liquids in Landfills II 11/18/92, 57 FR COMAR
(Revision Checklist 118). 54452. 23.13.05.14N(1);
26.13.06.22F(1),
.22F(3)(c) and
.22F(3)(d). (More
stringent
provisions:
26.13.05.14N(1);
26.13.06.22F(1)).
[[Page 44465]]
Universal Waste Rules 5/11/95, 60 FR COMAR 26.13.01.03A;
(Revision Checklists 142A- 25492; 12/24/98, 63 26.13.01.03B(4-1),
E, 176). FR 71225. (12-1), (16-2), (24-
2), (29), (46-1),
(56), (62-1), (72-
2), (80-1), (89-1),
(89-2), (89-3), (89-
4); 26.13.01.04A(1)
and .04J;
26.13.02.05A(2),
.05D(2)(f)(ii) and
.05D(2)(g);
26.13.02.06A(3)(a)(
ii)-(iv);
26.13.02.07-1;
26.13.03.01B, .01B-
1, .01C through
.01F, .02B;
26.13.05.01A(3)(k);
26.13.06.01A(4)(j);
26.13.07.01A;
26.13.10.04, .06
through .14, .17A
(except A(2)(e) and
A(2)(f)), .17B,
.17C, .17D, .18
(except C(2)), .19,
.20 (except .20D
and .20(E)), .21,
.22 (except
(G)(1)), .23, .24
(except .24B(4))
and .25. [Note:
Maryland's
regulations
addressing lamps
and PCB-containing
lamps are not part
of the State's
universal waste
requirements being
authorized.]
Removal of Legally Obsolete 6/29/95, 60 FR 33912 The Federal final
Rules (Revision Checklist rule removed
144). obsolete language
from the Code of
Federal
Regulations.
Maryland did not
adopt the Federal
rule because
Maryland's
regulations did not
include the
obsolete Federal
language.
Liquids in Landfills III 7/11/95, 60 FR 35703 COMAR
(Revision Checklist 145). 26.13.05.14N(1).
(More stringent
provision:
26.13.05.14N(1)).
Conditionally Exempt Small 7/1/96, 61 FR 34252. COMAR
Quantity Generator Disposal 26.13.02.05D(2).
Options Under Subtitle D (More stringent
(Revision Checklist 153). provision:
26.13.02.05D(2)(c))
.
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\1\ A Revision Checklist is a document that addresses the specific
changes made to the Federal regulations by one or more related final
rules published in the Federal Register. EPA develops these checklists
as tools to assist States in developing their authorization
applications and in documenting specific State analogs to the Federal
regulations. For more information see EPA's RCRA State Authorization
Web page at http://www.epa.gov/epaoswer/hazwaste/state.
In addition to the provisions listed in Table 1-A, Maryland is
seeking authorization for the provisions listed in Table 1-B. These
provisions relate to the comparable/syngas fuel requirements published
on June 19, 1998 (63 FR 33782; Revision Checklist 168), and the
subsequent revisions published on September 30, 1999 (64 FR 52828) and
July 10, 2000 (65 FR 42292). Note that the 1999 and 2000 Federal rules
address the standards that reflect the performance of Maximum
Achievable Control Technologies (MACT) as specified by the Clean Air
Act, as well as technical corrections to the June 19, 1998 comparable/
syngas fuel requirements. Maryland has not adopted, and is not seeking
authorization for, the MACT standards.
Table 1-B.--Maryland's Analogs to the Federal Requirements
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Description of Federal requirement
(revision checklists) Federal Register date and page Analogous state authority
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Hazardous Waste Combustors Revised 6/19/98, 63 FR 33782.......... COMAR 26.13.02.04A(13); 26.13.02.19-1,
Standards (Revision Checklist 168). 19-2A (except (2)(d)), .19-2B through
.19-2G, .19-3, .19-4 and .19-5;
26.13.07.13-2A(10)(e);
26.13.07.23C(3)(h). (More stringent
provisions: 26.13.02.19-2C(2),
26.13.02.19-5B(3). In addition,
Maryland has not adopted an analog to
40 CFR 270.42(j)(2)).
40 CFR 260.10 ``Dioxins and furans (D/ 9/30/99, 64 FR 52828 COMAR 26.13.01.03B(13-1), 26.13.02.19-1B/
F)'' [definition];. Table 1 and 26.13.07.13-2A(10)(e).
40 CFR 261.38, Table 1--[detection and
detection limit values for comparable
fuel specification];
40 CFR 270.42, Item L(9) [permit
modification requirement addressing
technology changes needed to meet
standards under 40 CFR Part 63,
Subpart EEE.] (From Revision
Checklist 182)
40 CFR 261.38(c)(2)(iv) [revision for 7/10/00; 65 FR 42292.......... COMAR 26.13.02.19-2A(2)(d).
gas turbines] (From Revision
Checklist 188).
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[[Page 44466]]
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 Tables 1-A and 1-B. All the State-initiated changes are related to
either (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 grants
Maryland final authorization for the State provisions listed in Table
2. These requirements are analogous to the indicated Federal RCRA
regulations found at 40 CFR as of July 1, 2001.
Table 2.--Equivalent State-Initiated Changes
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State citation Federal RCRA citation
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26.13.02.05D(2)(c)(iv)*............. No direct Federal analog/Related to 261.5(g)(3)(i).
26.13.06.01A(4)(k).................. 265.1(c)(13).
26.13.10.03A........................ 266.70(a).
26.13.10.04C........................ 266.80.
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* Note: In accordance with its solid waste regulations at COMAR 26.04.07.03B(5), Maryland prohibits the
acceptance of hazardous waste at a solid waste facility unless the facility is specifically authorized by a
valid permit issued under COMAR 26.13.07.
H. Where Are the Revised Maryland Rules Different From the Federal
Rules?
1. Maryland Requirements That Are Broader in Scope Than the Federal
Program
The Maryland hazardous waste program contains certain provisions
that are beyond the scope of 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:
Maryland's regulations at COMAR section 26.13.10 include PCB-
containing lamp ballasts as a universal waste. The requirements for
PCB-containing lamp ballasts go beyond the scope of the Federal program
because PCB's are not a Federal hazardous waste and thus are not part
of the program being authorized by today's action. EPA cannot enforce
these requirements that are broader in scope, although compliance with
these provisions is required by Maryland law.
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 as codified in the July 1,
2001 edition of Title 40 of the Code of Federal Regulations (CFR). More
stringent provisions are part of a Federally-authorized program and
are, therefore, Federally-enforceable. The specific more stringent
provisions in Maryland's program are noted in section G. 1 and include,
but are not limited to, the following:
(a) Maryland's regulations are more stringent than the Federal
requirements addressed by the final rule published on November 18, 1992
(55 FR 54452, as amended on July 11, 1995 (60 FR 35703). The Federal
provisions allow liquid wastes to be placed in landfills if the owner
or operator complies with certain requirements. Per COMAR sections
26.13.05.14.N(1) and 26.13.06.22F(1), Maryland does not allow bulk or
non-containerized liquid waste or waste containing free liquids to be
disposed in landfills.
(b) Maryland's provision at COMAR section 26.13.02.19-2C(2) is more
stringent than the Federal requirement at 40 CFR 261.38(c)(1)(ii)
because in addition to the Federal requirement that a burner provide
public notice in a major newspaper prior to burning an excluded
comparable/syngas fuel, Maryland also requires burners to submit a copy
of the public notice to the Secretary.
(c) Maryland's provision at COMAR section 26.13.02.19-5B(3) is more
stringent than the Federal requirements at 40 CFR 261.38(c)(11) because
Maryland requires records and waste analysis plans to be maintained as
long as the Department has an enforcement case, unlike the Federal
program where records must be maintained for a period of three years.
(d) Maryland has not adopted an analog to 40 CFR 270.42(j)(2),
which provides for automatic approval of permit modification requests
in the event the Director does not approve or deny a request within 90
days of receipt. Therefore, Maryland's program is more stringent than
the Federal program in this regard.
I. Who Handles Permits After the Authorization Takes Effect?
After authorization, Maryland will issue permits covering all the
provisions for which it is authorized and will administer the permits
it issues. EPA will continue to administer any RCRA hazardous waste
permits or portions of permits that we 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
formal transfer of EPA permit responsibility to the State occurs and
EPA terminates its permit, EPA and the State agree to coordinate the
administration of permits in order to maintain consistency. We will not
issue any more new permits or new portions of permits for the
provisions listed in Tables 1-A, 1-B and 2 above 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 Today's 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 the
State.
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 by referencing
the authorized State rules in 40 CFR part 272. We reserve the amendment
of 40 CFR part 272, subpart V, for this authorization of Maryland's
program changes until a later date.
L. Statutory and Executive Order Reviews
This rule only authorizes hazardous waste requirements pursuant to
RCRA section 3006 and imposes no requirements other than those imposed
by State law (see Supplementary Information, section A. Why are
[[Page 44467]]
Revisions to State Programs Necessary?). Therefore, this rule complies
with applicable executive orders and statutory provisions as follows.
1. Executive Order 12866: Regulatory Planning Review
The Office of Management and Budget has exempted this rule from its
review under Executive Order 12866.
2. Paperwork Reduction Act
This rule does not impose an information collection burden under
the Paperwork Reduction Act.
3. Regulatory Flexibility Act
After considering the economic impacts of today's rule on small
entities under the Regulatory Flexibility Act, I certify that this rule
will not have a significant economic impact on a substantial number of
small entities.
4. Unfunded Mandates Reform Act
Because this rule approves 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.
5. Executive Order 13132: Federalism
Executive Order 13132 does not apply to this rule because it will
not have federalism implications (i.e., 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).
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 does not apply to this rule because it will
not have tribal implications (i.e., substantial direct effects on one
or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes).
7. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risks
This rule is not subject to Executive Order 13045 because it is not
economically significant and it is not based on health or safety risks.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211 because it is not
a significant regulatory action as defined in Executive Order 12866.
9. National Technology Transfer Advancement Act
EPA approves State programs as long as they meet criteria required
by RCRA, so it would be inconsistent with applicable law for EPA, in
its review of a State program, to require the use of any particular
voluntary consensus standard in place of another standard that meets
the requirements of RCRA. Thus, section 12(d) of the National
Technology Transfer and Advance Act does not apply to this rule.
10. Congressional Review Act
EPA will submit a report containing this rule and other information
required by the Congressional Review Act (5 U.S.C. 801 et seq.) 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 on
September 24, 2004.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indians-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: July 12, 2004.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 04-16944 Filed 7-23-04; 8:45 am]
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