[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]


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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.

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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 http://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


