[Federal Register Volume 87, Number 2 (Tuesday, January 4, 2022)]
[Rules and Regulations]
[Pages 194-199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28333]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2020-0175; FRL 8892-01-R1]


Massachusetts: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Massachusetts has applied to the United States Environmental 
Protection Agency (EPA) for final authorization of revisions to its 
hazardous waste program under the Resource Conservation and Recovery 
Act (RCRA), as amended. The EPA has reviewed Massachusetts' 
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 Massachusetts' revisions to its hazardous waste program 
will take effect.

DATES: This final authorization is effective on March 7, 2022, unless 
the EPA receives adverse written comments by February 3, 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-2020-0175, 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sara Kinslow, RCRA Waste Management, 
UST, and Pesticides Section; Land, Chemicals, and Redevelopment 
Division; U.S. EPA Region 1, 5 Post Office Square, Suite 100 (Mail code 
07-1), Boston, MA 02109-3912; phone: 617-918-1648; email: 
[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 
Massachusetts, including the issuance of new permits implementing those 
requirements, until Massachusetts is granted authorization to do so.

B. What decisions has the EPA made in this rule?

    On August 13, 2021, Massachusetts submitted a complete program 
revision application seeking authorization of revisions to its 
hazardous waste program. The EPA concludes that Massachusetts' 
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 authorization to Massachusetts 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 Massachusetts Department of Environmental Protection (MassDEP) 
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 Massachusetts 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. Massachusetts 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 Massachusetts are already effective under state law and are 
not changed by today's action.

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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 today's Federal Register 
that serves as the proposal to authorize Massachusetts' 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 Massachusetts' 
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 Massachusetts' 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 Massachusetts previously been authorized for?

    The Commonwealth of Massachusetts initially received final 
authorization effective February 7, 1985 (50 FR 3344, January 24, 1985) 
to implement its base hazardous waste management program. The EPA 
granted authorization for revisions to Massachusetts' regulatory 
program on the following dates: September 30, 1998, effective November 
30, 1998 (63 FR 52180); October 12, 1999, effective immediately (64 FR 
55153); March 12, 2004, effective immediately (69 FR 11801); January 
31, 2008, effective March 31, 2008 (73 FR 5753); and June 23, 2010, 
effective August 23, 2010 (75 FR 35660). Additionally, on November 15, 
2000, the EPA granted interim authorization for Massachusetts to 
regulate Cathode Ray Tubes under the Toxicity Characteristics rule 
through January 1, 2003, effective immediately (65 FR 68915). This 
interim authorization was subsequently extended to run through January 
1, 2006 (67 FR 66338, October 31, 2002) which was then further extended 
until January 1, 2011 (70 FR 69900, November 18, 2005).

G. What revisions is the EPA proposing with this proposed action?

1. State-Initiated Revisions

    On August 13, 2021, Massachusetts submitted a final complete 
program revision application, seeking authorization of additional 
revisions to its program in accordance with 40 CFR 271.21. 
Massachusetts seeks authority to administer the Federal requirements 
that are listed in Table 1 below, including certain waste listings that 
were promulgated under HSWA authority. This table lists Massachusetts' 
analogous requirements that are being recognized as no less stringent 
than the analogous Federal requirements.
    Massachusetts' regulatory references are to Title 310 of Code of 
Massachusetts Regulations (CMR), Chapter 30, as amended effective 
November 15, 2019. Massachusetts' statutory authority for its hazardous 
waste program is based on the Massachusetts Hazardous Waste Management 
Act of 1979 (Massachusetts General Laws Chapter 21C).
    The EPA proposes to determine, subject to public review and 
comment, that Massachusetts' 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 Massachusetts for the following program revisions:

       Table 1--Massachusetts' Analogs to the Federal Requirements
------------------------------------------------------------------------
                                 Federal Register     Analogous State
      Federal requirement         page and date          authority
------------------------------------------------------------------------
Checklist (CL) 82: Wood         55 FR 50450;       Title 310 Code of
 Preserving Listings.            December 6, 1990.  Massachusetts
                                                    Regulations (310
                                                    CMR) 30.131, 30.160,
                                                    30.162, and
                                                    30.099(6)(n).
                                                   (More stringent
                                                    provisions: 30.010
                                                    and 30.200).
CL 92: Wood Preserving          56 FR 30192; July  310 CMR 30.099(6)(n).
 Listings; Technical             1, 1991.          (More stringent
 Corrections.                                       provisions: 30.010
                                                    and 30.200).
CL 110: Coke By-Product         57 FR 37284;       310 CMR 30.132 and
 Listings.                       August 18, 1992.   30.160.
                                                   (More stringent
                                                    provisions:
                                                    30.104(2)(b) and
                                                    30.200).
CL 120: Wood Preserving;        57 FR 61492;       310 CMR 30.131 and
 Amendments to Listings and      December 24,       30.099(6)(n).
 Technical Requirements.         1992.             (More stringent
                                                    provisions: 30.010).
CL 140: Carbamate Production    60 FR 7824;        310 CMR 30.132,
 Listings.                       February 9, 1995   30.133, 30.136,
                                 as amended April   30.160, and 30.162.
                                 17, 1995 (60 FR   (More stringent
                                 19165) and May     provisions:
                                 12, 1995 (60 FR    30.102(2)(c)2 and
                                 25619).            30.102(2)(d)).
CL 169: Petroleum Refining      63 FR 42110;       310 CMR
 Process Listings.               August 6, 1998,    30.102(2)(c)2.b.ii,
                                 as amended         30.131, 30.132, and
                                 October 9, 1998    30.160.
                                 (63 FR 54356).    (More stringent
                                                    provisions:
                                                    30.102(2)(d),
                                                    30.200, and 30.250).
CL 189: Chlorinated Aliphatics  65 FR 67067;       310 CMR 30.132 and
 Production Listings.            November 8, 2000.  30.160.
CL 195: Inorganic Chemical      66 FR 58257;       310 CMR 30.132 and
 Manufacturing Listings.         November 20,       30.160.
                                 2001, as amended  (More stringent
                                 April 9, 2002      provisions:
                                 (67 FR 17119).     30.102(2)(d)).
CL 209: Universal Waste Rule;   70 FR 45508;       310 CMR 30.010,
 Provisions for Mercury          August 5, 2005.    30.099(1),
 Containing Equipment.                              30.143(2),
                                                    30.501(2),
                                                    30.750(3)(d),
                                                    30.801(14),
                                                    30.1001(1), 30.1010,
                                                    30.1020(3) and (4),
                                                    30.1034(3) and (4),
                                                    30.1043(2), and
                                                    30.1044(3) and (4).
CL 215: Cathode Ray Tube        71 FR 42927; July  310 CMR 30.010,
 Exclusion.                      28, 2006.          30.104(3)(h), and
                                                    30.202(5)(g).
                                                   (More stringent
                                                    provisions:
                                                    30.104(3)(h)1.a and
                                                    30.104(3)(h)2.b.iii)
                                                    .

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CL 220: Academic Laboratories   73 FR 72911;       310 CMR 30.010,
 Generator Standards.            December 1, 2008.  30.351(2)(b), and
                                                    30.354.
                                                   (More stringent
                                                    provisions:
                                                    30.354(3)(d) and
                                                    (e), 30.354(6)(a)1.d
                                                    and e, 30.354(9),
                                                    and 30.354(10)(d)).
CL 226: Corrections to the      75 FR 79304;       310 CMR 30.010 and
 Academic Laboratories           December 20,       30.354.
 Generator Standards.            2010.
CL 229: Conditional Exclusions  78 FR 46447; July  310 CMR 30.010 and
 for Solvent Contaminated        31, 2013.          30.104(3).
 Wipes.
CL 232: Revisions to the        79 FR 36220; June  310 CMR 30.010,
 Export Provisions of the        26, 2014.          30.104(3)(h), and
 Cathode Ray Tube Rule.                             30.202(5)(g).
------------------------------------------------------------------------

    Massachusetts has already received authorization for some of the 
checklists in Table 1 to the extent that they contain provisions 
related to the Land Disposal Restrictions (LDR) program. Regulated 
entities in Massachusetts that generate these HSWA wastes must comply 
with the State LDR requirements for these wastes.
2. EPA-Initiated Revisions
    The EPA is also clarifying, subject to public review and comment, 
the scope of Massachusetts' authorized program by explicitly 
identifying rule checklists which pertain to provisions that have long 
been part of Massachusetts' authorized program, but which were 
inadvertently omitted from past authorizations. These checklists 
include:
     CL 2: Permit Rules: Settlement Agreement (48 FR 39611, 
September 1, 1983);
     CL 6: Permit Rules: Settlement Agreement (49 FR 17716, 
April 24, 1984);
     CL 17H: HSWA Codification Rule: Double Liners (50 FR 
28702, July 15, 1985);
     CL 17I: HSWA Codification Rule: Ground-water Monitoring 
(50 FR 28702, July 15, 1985);
     CL 17P: HSWA Codification Rule: Interim Status (50 FR 
28702, July 15, 1985);
     CL 17Q: HSWA Codification Rule: Research and Development 
Permits (50 FR 28702, July 15, 1985);
     CL 30: Biennial Report Correction (51 FR 28556, August 8, 
1986);
     CL 36: Closure/Post-closure Care for Interim Status 
Surface Impoundments (52 FR 8704, March 19, 1987);
     CL 38: Amendments to Part B Information Requirements for 
Land Disposal Facilities (52 FR 23447, June 22, 1987 as amended 
September 9, 1987 at 52 FR 33936);
     CL 54: Permit Modification for Hazardous Waste Management 
Facilities (53 FR 37912, September 28, 1988 as amended October 24, 1988 
at 53 FR 41649);
     CL 55: Statistical Methods for Evaluating Groundwater 
Monitoring Data from Hazardous Waste Facilities (53 FR 39720, October 
11, 1988); and
     CL 61: Changes to Interim Status Facilities for Hazardous 
Waste Management Permits; Modification of Hazardous Waste Management 
Permits; Procedures for Post-Closure Permitting (54 FR 9596, March 7, 
1989).
    In the process of seeking authorization for revisions to the State 
authorized program, Massachusetts has not always used individual rule 
checklists to demonstrate the equivalency of its State regulations to 
the Federal program. In addition, Massachusetts has sometimes pursued 
authorization for only some provisions of an individual rule checklist. 
As a result, past authorization Federal Register notices may have 
inadvertently omitted some rule checklists/provisions included in the 
EPA's authorization decision for State program revisions. The EPA is 
correcting these omissions with this authorization. The provisions in 
the checklists cited above continue to be part of Massachusetts' 
authorized program.
    Finally, 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, below, with an explanation as to the rule's status in 
Massachusetts. These checklists include:
     CL 153: Conditionally Exempt Small Quantity Generator 
Disposal Options (61 FR 34252, July 1, 1996)--As the preamble to this 
rule discussed, the EPA believes that States which do not allow the 
disposal of wastes generated by CESQGs into Subtitle D landfills under 
their existing authorized Subtitle C program would not be required to 
revise their programs and obtain authorization for this rule, as they 
would continue to be more stringent. The EPA encouraged states to 
inform their regional office that for this final rule, they are not 
required to submit a revision application. Massachusetts does not allow 
wastes generated by CESQGs to be disposed in Subtitle D landfills. Note 
that these federal provisions were subsequently superseded by the 
Hazardous Waste Generator Improvements Rule (81 FR 85732, November 28, 
2016).
     CL 199: Vacatur of Mineral Processing Spent Materials 
Being Reclaimed (67 FR 11251, March 13, 2002)--This rule vacated 
certain provisions from CL 167D: Mineral Processing Secondary Materials 
Exclusion (63 FR 28556; May 26, 1998). Massachusetts did not adopt the 
underlying provisions from CL 167D.
     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. Massachusetts did not adopt 
the exclusions contained in CLs 216, 221, or 224.
    Massachusetts' 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, as explained 
above.

H. Where are the revised State rules different from the Federal rules?

1. Massachusetts Requirements That Are Broader in Scope

    Massachusetts' hazardous waste program contains certain provisions 
that are broader than the scope of the Federal program. These broader 
in

[[Page 197]]

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. Examples of broader in scope provisions of Massachusetts' program 
include, but are not limited to, the following:
    (a) In 1996, the EPA vacated the K156, K157, and K158 waste 
listings to the extent that they encompass wastes generated from the 
manufacture of 3-iodo-2-popynyl n-butylcarbamate (IPBC). 310 CMR 30.132 
does not exclude such wastes from coverage under Massachusetts' 
analogous listings. State-only wastes such as K156, K157, and K158 
wastes from the manufacture of IPBC make Massachusetts' universe of 
regulated hazardous waste larger than the EPA's and, therefore, broader 
in scope.

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

    Massachusetts' 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 Massachusetts' program that is more 
stringent. Every provision of the proposed program revision that is 
more stringent is noted in Table 1. They include, but are not limited 
to, the following:
    (a) The EPA conditionally excludes certain listed wastes that are 
reclaimed, reused, or otherwise recycled from the definition of solid 
waste. In 40 CFR 261.4(a)(9), (10), and (19), the EPA conditionally 
excludes any spent wood preserving solutions and wastewaters that are 
reclaimed and reused, wastes from coke by-product processes that are 
destined for recycling, and spent caustic solutions generated by 
refineries that are used as feedstock, respectively. Massachusetts has 
not adopted these exclusions for recycled listed wastes. Instead, 310 
CMR 30.104(2)(b) excludes recyclable material that is reclaimed in 
compliance with the requirements of 310 CMR 30.200 from hazardous waste 
regulation. The provisions of 310 CMR 30.200, which include but are not 
limited to obtaining a permit and managing recyclable material in 
compliance with that permit, are more stringent than the conditions set 
forth by the EPA at 40 CFR 261.4(a).
    (b) At 40 CFR 261.4(a)(12) and (18) and 261.6(a)(3)(iii) and (iv), 
the EPA conditionally excludes certain recovered oil and oil-bearing 
hazardous secondary materials that are to be refined, re-refined, or 
burned as fuels from regulation as hazardous waste. Certain oil-bearing 
recyclable materials are subject to 40 CFR 279 standards for used oil 
management. Massachusetts has not adopted the EPA's used oil 
requirements, nor the EPA's exclusions for management of oil-bearing 
recyclable materials. Instead, such waste is subject to 310 CMR 30.200 
and specifically the waste oil management standards in 310 CMR 30.250, 
which are more stringent than 40 CFR 279.
    (c) In the definition of ``drip pad'' at 310 CMR 30.010, 
Massachusetts explicitly restricts use of drip pads to treatment, 
storage, and disposal facilities that are in interim status. 
Massachusetts does not permit generators or licensed treatment, 
storage, and disposal facilities to use drip pads to convey treated 
wood drippage, precipitation, and/or surface water run-off from an 
associated collection system.
    (d) If wood preserving plants cease or do not initiate use of 
chlorophenolic preservatives, the EPA allows wastes from such processes 
to be exempt from the F032 listing once several cleaning, management, 
and documentation conditions have been met (40 CFR 261.35). 
Massachusetts has not adopted the conditions included in 40 CFR 261.35 
and regulates all such waste as F032 listed hazardous waste.
    (e) 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). 310 CMR 
30.102(2)(c) incorporates many of these mixtures and associated 
conditions for exclusion by reference. However, Massachusetts has not 
adopted 40 CFR 261.3(a)(2)(iv)(F) and (G), relating to mixtures of non-
hazardous waste with wastewaters from the production or treatment of 
carbamates and carbamoyl oximes (namely, K156 and K157 listed wastes). 
Mixtures of non-hazardous wastes with K156 and/or K157 listed wastes 
must be managed as hazardous wastes in Massachusetts.
    (f) 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)(D), the EPA conditionally 
excludes biological treatment sludge from the treatment of K156 and 
K157 wastes. In 40 CFR 261.3(c)(2)(ii)(E), the EPA conditionally 
excludes catalyst inert support media separated from K171 and K172 
wastes. 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. Massachusetts, 
at 310 CMR 30.102(d), regulates all waste generated from the treatment, 
storage, disposal, or use of a hazardous waste as hazardous waste, 
including any sludge, spill residue, ash emission control dust, and 
leachate.
    (g) The Massachusetts provisions for used, broken cathode ray tubes 
(CRTs) and processed CRT glass undergoing recycling are more stringent 
than the Federal requirements in two regards. First, 310 CMR 
30.104(3)(h)1.a requires that all used, broken CRTs be containerized, 
rather than providing an option to store used, broken CRTs in a 
building as provided at 40 CFR 261.39(a)(1). Second, at 310 CMR 
30.104(3)(h)2.b.iii, Massachusetts requires companies that conduct CRT 
processing to submit a one-time notification to MassDEP prior to 
commencing CRT processing. The Federal CRT recycling provisions do not 
require such a notification.
    (h) Several of Massachusetts' provisions at 310 CMR 30.354, 
alternative requirements for unwanted materials generated by academic 
laboratories, are more stringent than the Federal analogous 
requirements. First, teaching hospitals and nonprofit research 
institutes that are not owned by a college or university must keep 
their written formal affiliation agreements on file with the Director 
of Laboratories for as long as the laboratories are subject to 
alternative requirements (310 CMR 30.354(3)(d) and (e), respectively). 
The EPA does not specify where or with whom such affiliation agreements 
must be filed or maintained. Second, the container labeling 
requirements at 40 CFR 262.206(a)(2) do not require that date the 
unwanted material began accumulating and other information sufficient 
to allow trained professionals to identify the materials be affixed or 
attached to the container. Massachusetts does require this information 
be affixed or attached to the container, as described at 310 CMR 
30.354(6)(a)1. Finally, although the Federal provisions have less 
stringent requirements for where and when Very Small Quantity 
Generators (VSQGs) must make hazardous waste determinations, as 
compared to Small and Large Quantity Generators (SQGs and LQGs, 
respectively), 310 CMR 30.354(10) requires VSQGs to comply with the

[[Page 198]]

same standards as SQGs and LQGs when making a hazardous waste 
determination in the laboratory before the unwanted material is removed 
from the laboratory.
    (i) Massachusetts has prohibited VSQGs from acquiring and utilizing 
drum-top crushers to crush mercury-containing lamps after the effective 
date of the revised regulations, unless they first obtain a license to 
treat hazardous waste. This requirement, at 310 CMR 30.353(10), is more 
stringent than the federal provisions, which do not restrict or require 
permits for treatment by VSQGs.

I. Who handles permits after the authorization takes effect?

    Massachusetts will continue to issue permits covering all the 
provisions for which it is authorized and will administer the permits 
it issues. The EPA will continue to administer and enforce any RCRA and 
HSWA permits or portions of permits that the EPA issued prior to the 
effective date of this authorization in accordance with the signed 
Memorandum of Agreement, dated September 30, 2021, which is included 
with this program revision application. Until such time as formal 
transfer of the EPA permit responsibility to Massachusetts occurs and 
the EPA terminates its permit, the EPA and Massachusetts agree to 
coordinate the administration of permits in order to maintain 
consistency. The EPA will not issue any new permits or new portions of 
permits for the provisions listed in Section G after the effective date 
of this authorization. The EPA will continue to implement and issue 
permits for HSWA requirements for which Massachusetts is not yet 
authorized.

J. How would this action affect Indian Country (18 U.S.C. 115) in 
Massachusetts?

    Massachusetts has not applied for and is not authorized to carry 
out its hazardous waste program in Indian country within the State, 
which includes the land of the Wampanoag tribe. Therefore, this action 
has no effect on Indian country. The 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 Massachusetts' 
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. The EPA does this by adding those citations and references 
to the authorized State rules in 40 CFR part 272. The EPA is not 
codifying the authorization of Massachusetts' revisions at this time. 
However, the EPA reserves the ability to amend 40 CFR part 272, subpart 
W for the authorization of Massachusetts' 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 Massachusetts' 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 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

[[Page 199]]

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).

Deb Szaro,
Acting Regional Administrator, U.S. EPA Region I.
[FR Doc. 2021-28333 Filed 1-3-22; 8:45 am]
BILLING CODE 6560-50-P


