[Federal Register Volume 63, Number 189 (Wednesday, September 30, 1998)]
[Rules and Regulations]
[Pages 52180-52183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25887]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6167-9]
Massachusetts: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The Commonwealth of Massachusetts has applied for Final
Authorization of a revision to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). Massachusetts' revision
addresses the Satellite Accumulation Rule contained in Non-HSWA Cluster
I. This optional rule was promulgated on December 20, 1984 and amended
the hazardous waste rules to allow accumulation of waste at satellite
areas at the generator's facility. The specific provisions relating to
the Satellite Accumulation Rule for which Massachusetts is seeking
authorization are listed in the table in section B of this document.
The EPA has reviewed The Commonwealth of Massachusetts' application and
determined that its hazardous waste program revisions relating to the
Satellite Accumulation Rule satisfy all of the requirements necessary
to qualify for final authorization. Unless adverse written comments are
received during the review and comment period, EPA's decision to
authorize Massachusetts' hazardous waste program revision will take
effect as provided below.
DATES: This Immediate Final Rule will become effective on November 30,
1998 without further notice, unless EPA receives relevant adverse
comments by October 30, 1998. Should EPA receive
[[Page 52181]]
such comments, it will publish a timely document withdrawing this rule.
ADDRESSES: Copies of the Massachusetts' program revision application
and the materials which EPA used in evaluating the revision are
available for inspection and copying at the following addresses:
Massachusetts Department of Environmental Protection Library, One
Winter Street--2nd Floor, Boston, MA 02108, business hours: 9 a.m. to 5
p.m., Telephone: (617) 292-5802 and EPA Region I Library, One Congress
Street--11th Floor, Boston, MA 02203-0001, business hours: 8:30 a.m. to
5 p.m., Telephone: (617) 565-3300. Send written comments to Robin
Biscaia, at the address below.
FOR FURTHER INFORMATION CONTACT: Robin Biscaia, EPA Region I, JFK
Federal Bldg. (CHW), Boston, MA 02203-0001; Telephone: (617) 565-3265.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of the RCRA,
42 U.S.C. 6926(b), have a continuing obligation to maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. As the Federal
hazardous waste program changes, the States must revise their programs
and apply for authorization of the revisions. Revisions to State
hazardous waste 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. Massachusetts
The Commonwealth of Massachusetts initially received Final
Authorization on January 24, 1985, effective February 7, 1985 (50 FR
3344) to implement its base hazardous waste management program.
On January 8, 1998 Massachusetts submitted a final complete program
revision application relating to the Satellite Accumulation Rule,
seeking authorization of its program revision in accordance with 40 CFR
271.21. The EPA reviewed Massachusetts' application, and now makes an
immediate final decision, subject to receipt of adverse written
comment, that Massachusetts' hazardous waste program revision relating
to the Satellite Accumulation Rule satisfies all of the requirements
necessary to qualify for Final Authorization. Consequently, EPA intends
to grant The Commonwealth of Massachusetts Final Authorization for the
program modifications contained in the revision.
Today's action does not address portions of The Commonwealth of
Massachusetts' application seeking authorization of the Toxicity
Characteristics Rule and Universal Waste Rule. The EPA is attempting to
resolve with Massachusetts an issue that has delayed final approval of
these rules. Comments related to the Toxicity Characteristics Rule and
Universal Waste Rule portions of Massachusetts' application need not be
filed in response to today's action which relates only to EPA's intent
to grant Final Authorization to Massachusetts for the Satellite
Accumulation Rule.
The public may submit written comments on EPA's final decision
regarding the Satellite Accumulation Rule until October 30, 1998.
Copies of Massachusetts' application for program revision are available
for inspection and copying at the locations indicated in the ADDRESSES
section of this document.
If EPA does not receive adverse written comment pertaining to
Massachusetts' program revision by the end of the comment period, the
authorization of Massachusetts' revision will become effective in 60
days from the date this document is published. If the Agency does
receive adverse written comment, it will publish a document withdrawing
this immediate final rule before its effective date. EPA will then
address the comments in a later final rule based on the companion
document appearing in the Proposed Rules section of today's Federal
Register. EPA may not provide additional opportunity for comment. Any
parties interested in commenting should do so at this time.
Upon review of Massachusetts regulations submitted in this revision
application regarding the Satellite Accumulation Rule, EPA has
determined that they are equivalent to, no less stringent than and
consistent with the Federal program. To be considered equivalent to the
Federal program, a state is required to control all hazardous waste
identified under 40 CFR part 261 at least as stringently as the Federal
program; and, according to section 3009 of the Resource Conservation
and Recovery Act (RCRA), states are entitled to be more stringent than
the Federal program. This does not mean a state's program must be
identical, as exemplified below.
On December 20, 1984 (49 FR 49568), EPA promulgated the Satellite
Accumulation Rule which allows generators to accumulate up to 55
gallons of hazardous waste or one quart of acutely hazardous waste in
satellite areas at a generator's facility so long as specified
requirements are met. The Massachusetts program allows one 55-gallon of
hazardous waste or one quart of acutely hazardous waste per waste
stream to be accumulated at its point of generation. Although this is
not necessarily allowed under the federal regulation, the Massachusetts
program subjects the satellite area to more stringent requirements than
would be required under the federal rule, such as aisle space
requirements (310 CMR 30.685(3) and (4)) and weekly inspections (310
CMR 30.686). Thus, the state regulations affecting a satellite
accumulation area are overall equivalent to the federal regulation.
The specific RCRA program revisions for which the Commonwealth of
Massachusetts is authorized today are listed in the table below. The
Federal requirements in the table are identified by their checklist
numbers and rule descriptions. The following abbreviations are used in
defining analogous state authority: MGL = Massachusetts General Laws;
CMR = Code of Massachusetts Regulations.
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Federal Register Analogous State
Checklist Description date and page authority
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12............. Satellite 12/29/84, 49 FR MGL c 21C Secs.
Accumulation. 49568. 4 and 6, 11/9/
79; 310 CMR
30.340(4) and
30.351(4), 2/19/
88.
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Status of Federal Permits
The Commonwealth of Massachusetts is not being authorized now for
any requirement implementing HSWA. As such, EPA will retain lead
responsibility for the issuance, administration, and enforcement of
HSWA provisions in the Commonwealth of Massachusetts for which the
State has not received authorization. In addition, EPA will continue to
administer and enforce any RCRA and HSWA permits, or portions
[[Page 52182]]
of permits, it has issued in Massachusetts until the State, after
receiving authorization for those provisions, issues permits for these
facilities which are equivalent to the federal permits, or until the
State incorporates the terms and conditions of the federal permits into
the State RCRA permits in accordance with its authorized program.
Massachusetts has not sought the authority to operate the RCRA
program in any Indian country and is not authorized by the Federal
government to operate the RCRA program in Indian country.
C. Decision
I conclude that the Massachusetts application for program revision
authorization meets all of the statutory and regulatory requirements
established by RCRA. Accordingly, EPA grants the Commonwealth of
Massachusetts final authorization to operate its hazardous waste
program as revised. The Commonwealth of Massachusetts has
responsibility for permitting treatment, storage, and disposal
facilities within its borders (except in Indian country) and for
carrying out the aspects of the RCRA program described in its revised
program application, subject to the limitations of the HSWA. The
Commonwealth of Massachusetts also has primary enforcement
responsibilities, although EPA retains the right to conduct inspections
under section 3007 of RCRA, and to take enforcement actions under
sections 3008, 3013 and 7003 of RCRA.
D. Codification in Part 272
The EPA uses 40 CFR part 272 for codification of the decision to
authorize The Commonwealth of Massachusetts' program and for
incorporation by reference of those provisions of its statutes and
regulations that EPA will enforce under sections 3008, 3013 and 7003 of
RCRA. EPA reserves amendment of 40 CFR part 272, subpart W until a
later date.
E. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of certain regulatory actions on State, local, and tribal
governments and the private sector. Under sections 202 and 205 of the
UMRA, EPA generally must prepare a written statement of economic and
regulatory alternatives analyses for proposed and final rules with
Federal mandates, as defined by the UMRA, that may result in
expenditures to State, local, and tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year. EPA
has determined that section 202 and 205 requirements do not apply to
today's action because this rule does not contain a Federal mandate
that may result in annual expenditures of $100 million or more for
State, local, and/or tribal governments in the aggregate, or the
private sector. Costs to State, local and/or tribal governments already
exist under the Massachusetts program, and today's action does not
impose any additional obligations on regulated entities. In fact, EPA's
approval of State programs generally may reduce, not increase,
compliance costs for the private sector. Further, as it applies to the
State, this action does not impose a Federal intergovernmental mandate
because UMRA does not include duties arising from participation in a
voluntary federal program.
The requirements of section 203 of UMRA also do not apply to
today's action. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, including
tribal governments, section 203 of the UMRA requires EPA to develop a
small government agency plan. This rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. Although small governments may be hazardous waste
generators, transporters, or own and/or operate TSDFs, they are already
subject to the regulatory requirements under the existing State laws
that are being authorized by EPA, and, thus, are not subject to any
additional significant or unique requirements by virtue of this program
approval.
F. Certification Under the Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996), whenever an agency is required to publish a notice of rulemaking
for any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). This analysis is
unnecessary, however, if the agency's administrator certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already subject to the regulatory
requirements under the existing State laws that are now being
authorized by EPA. The EPA's authorization does not impose any
significant additional burdens on these small entities. This is because
EPA's authorization would simply result in an administrative change,
rather than a change in the substantive requirements imposed on these
small entities.
Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby
certifies that this authorization will not have a significant economic
impact on a substantial number of small entities. This authorization
approves regulatory requirements under existing State law to which
small entities are already subject. It does not impose any new burdens
on small entities. This rule, therefore, does not require a regulatory
flexibility analysis.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA submitted a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the United States prior
to publication of the rule in today's Federal Register. This rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
H. Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Executive Order 12866.
I. Compliance With Executive Order 13045
Executive Order 13045 applies to any rule that the Office of
Management and Budget determines is ``economically significant'' as
defined under Executive Order 12866, and that EPA determines that the
environmental health or safety risk addressed by the rule has a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children and explain why the
planned regulation is
[[Page 52183]]
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
The Agency has determined that the final rule is not a covered
regulatory action as defined in the Executive Order because it is not
economically significant and does not address environmental health and
safety risks which have a disproportionate effect on children. As such,
the final rule is not subject to the requirements of Executive Order
13045.
J. Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
K. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Pub L. 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This action does not involve technical standards that are covered
by voluntary consensus standards. Therefore, EPA did not consider the
use of any voluntary consensus standards.
List of Subjects in 40 CFR Part 272
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority: This document is issued under the authority of
sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: August 25, 1998.
John P. DeVillars,
Regional Administrator, Region I.
[FR Doc. 98-25887 Filed 9-29-98; 8:45 am]
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