
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37319-37327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16903]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R03-RCRA-2014-0407; FRL-9965-87-Region 3]


Delaware: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

[[Page 37320]]


ACTION: Direct final rule.

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SUMMARY: Delaware 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). EPA has determined that these revisions satisfy all 
requirements needed to qualify for final authorization and is 
authorizing Delaware's revisions through this direct final rule. In the 
``Proposed Rules'' section of this issue of the Federal Register, EPA 
is also publishing a separate document that serves as the proposal to 
authorize these revisions. EPA believes this action is not 
controversial and does not expect comments that oppose it. Unless EPA 
receives written comments that oppose this authorization during the 
comment period, the decision to authorize Delaware's revisions to its 
hazardous waste program will take effect. If EPA receives comments that 
oppose this action, EPA will publish a document in the Federal Register 
withdrawing this direct final rule before it takes effect and the 
separate document in the ``Proposed Rules'' section of this issue of 
the Federal Register will serve as the proposal to authorize the 
revisions.

DATES: This final authorization will become effective on October 10, 
2017, unless EPA receives adverse written comments by September 11, 
2017. If EPA receives any such comments, 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-R03-
RCRA-2014-0407, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from 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: Evelyn Sorto, U.S. EPA Region III, 
RCRA Waste Branch, Mailcode 3LC32, 1650 Arch Street, Philadelphia, PA 
19103-2029; Phone: (215) 814-2123; Email: sorto.evelyn@epa.gov.

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to State programs necessary?

    States that have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program is revised to become 
more stringent or broader in scope, States must revise their programs 
and apply to EPA to authorize the revisions. Authorization of revisions 
to State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other revisions occur. 
Most commonly, States must revise their programs because of revisions 
to EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273 and 279.

B. What decisions has EPA made in this rule?

    On August 19, 2016, Delaware submitted a final program revision 
application (with subsequent corrections) seeking authorization of 
revisions to its hazardous waste program that correspond to certain 
Federal rules promulgated between July 30, 2003 and July 28, 2006. EPA 
concludes that Delaware'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, EPA grants Delaware final authorization to 
operate its hazardous waste program with the revisions described in its 
authorization application, and as outlined below in Section G of this 
document.
    Delaware has responsibility for permitting treatment, storage, and 
disposal facilities (TSDFs) within its borders and for carrying out the 
aspects of the RCRA program described in its application, subject to 
the limitations of the Hazardous and Solid Waste Amendments of 1984 
(HSWA). New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, EPA will implement those HSWA requirements and 
prohibitions for which Delaware has not been authorized, including 
issuing HSWA permits, until the State is granted authorization to do 
so.

C. What is the effect of this authorization decision?

    This action serves to authorize revisions to Delaware's authorized 
hazardous waste program. This action does not impose additional 
requirements on the regulated community because the regulations for 
which Delaware is being authorized by this action are already effective 
and are not changed by this action. Delaware has enforcement 
responsibilities under its state hazardous waste program for violations 
of its program, but EPA retains its authority under RCRA sections 3007, 
3008, 3013, and 7003, which include, among others, authority to:
     Perform inspections, and require monitoring, tests, 
analyses or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions regardless of whether Delaware 
has taken its own actions.

D. Why wasn't there a proposed rule before this rule?

    Along with this direct final rule, 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 these State program 
revisions. EPA did not publish a proposal before this rule because EPA 
views this action as a routine program change and does not expect 
comments that oppose its approval. EPA is providing an opportunity for 
public comment now, as described in Section E of this document.

E. What happens if EPA receives comments that oppose this action?

    If EPA receives comments that oppose this authorization, EPA will 
withdraw this direct final rule by publishing a document in the Federal 
Register before the rule becomes effective. EPA will base any further 
decision on the authorization of Delaware's program revisions on the 
proposal mentioned in the previous section, after considering all 
comments received during the comment period. 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

[[Page 37321]]

this authorization, you must do so at this time.
    If EPA receives comments that oppose only the authorization of a 
particular revision to the State's hazardous waste program, 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 Delaware previously been authorized for?

    Delaware initially received final authorization effective June 22, 
1984 (June 8, 1984; 49 FR 23837). EPA granted authorization for 
revisions to Delaware's regulatory program on August 8, 1996, effective 
October 7, 1996 (61 FR 41345); August 18, 1998, effective October 19, 
1998 (63 FR 44152); July 12, 2000, effective September 11, 2000 (65 FR 
42871); August 8, 2002, effective August 8, 2002 (67 FR 51478); March 
4, 2004, effective May 3, 2004 (69 FR 10171); and October 7, 2004, 
effective December 6, 2004 (69 FR 60091).

G. What revisions is EPA authorizing with this action?

    On August 19, 2016, Delaware submitted a final program revision 
application (with subsequent corrections), seeking authorization of 
additional revisions to its program in accordance with 40 CFR 271.21. 
Delaware's revision application includes various regulations that are 
equivalent to, and no less stringent than, selected Federal final 
hazardous waste rules, as published in the Federal Register between 
July 30, 2003 and July 28, 2006.
    EPA now makes a direct final rule, subject to receipt of written 
comments that oppose this action, that Delaware's hazardous waste 
program revision application satisfies all of the requirements 
necessary to qualify for final authorization. Therefore, EPA grants 
Delaware final authorization for the following program revisions:

1. Program Revision Changes for Federal Rules

    Delaware seeks authority to administer the Federal requirements 
that are listed in Table 1 below. This table lists the Delaware analogs 
that have been revised; these revisions are being recognized as no less 
stringent than the analogous Federal requirements.
    Delaware's regulatory references are to Delaware's Regulations 
Governing Hazardous Waste (DRGHW), amended and effective August 21, 
2006, December 21, 2007, December 21, 2008, May 21, 2009, and April 21, 
2016. Additionally, there are some minor corrections that were 
promulgated and became effective on or before April 21, 2016. The 
statutory references are to 7 Delaware Code annotated (1991).

         Table 1--Delaware's Analogs to the Federal Requirements
------------------------------------------------------------------------
    Description of Federal
     requirement (revision       Federal Register    Delaware authority
        checklists \1\)                                     \2\
------------------------------------------------------------------------
                            RCRA Cluster XIV
------------------------------------------------------------------------
Recycled Used Oil Management    68 FR 44659, 7/30/ DRGHW 279.74.
 Standards, Revision Checklist   2003.             More stringent
 203.                                               provisions: 261.5(j)
                                                    and 279.10(i).
------------------------------------------------------------------------
                             RCRA Cluster XV
------------------------------------------------------------------------
Nonwastewaters from Dyes and    70 FR 9138, 2/24/  DRGHW 261.4(b)(15),
 Pigments, Revision Checklist    2005; as amended   261.32, 261 Appendix
 206.                            at 70 FR 35032,    VII-VIII, 268.20,
                                 6/16/2005.         268.40/Treatment
                                                    Standards Table,
                                                    268.48/Universal
                                                    Treatment Standards
                                                    Table.
Uniform Hazardous Waste         70 FR 10776, 6/16/ DRGHW 260.10,
 Manifest Rule, Revision         2005; as amended   261.7(b)(1)(iii)(A)-
 Checklist 207.                  at 70 FR 35034,    (B), 262.20(a)(1)-
                                 6/16/2004.         (2) [April 21,
                                                    2016], 262.21,
                                                    262.27, 262.32(b),
                                                    262.33, 262.34(m),
                                                    262.54(c) and (e),
                                                    262.60(c)-(e), 262/
                                                    Appendix, 263.20(a),
                                                    263.20(g), 263.21,
                                                    264.70, 264.71(a),
                                                    264.71(b)(4),
                                                    264.71(e), 264.72,
                                                    264.76, 265.70,
                                                    265.71(a),
                                                    265.71(b)(4),
                                                    265.71(e), 265.72,
                                                    265.76.
------------------------------------------------------------------------
                            RCRA Cluster XVI
------------------------------------------------------------------------
Universal Waste Rule: Specific  70 FR 45508, 8/5/  DRGHW 260.10,
 Provisions for Mercury          2005.              261.9(c),
 Containing Equipment,                              264.1(g)(11)(iii),
 Revision Checklist 209.                            265.1(c)(14)(iii),
                                                    268.1(f)(3),
                                                    122.1(c)(2)(viii)(C)
                                                    , 273.1(a)(3),
                                                    273.4, 273.9,
                                                    273.13(c),
                                                    273.14(d),
                                                    273.32(b)(4)-(5),
                                                    273.33(c)-(d).
Revision of Wastewater          70 FR 57769, 10/4/ DRGHW
 Treatment Exemptions for        2005.              261.3(a)(2)(iv)(A)-(
 Hazardous Waste Mixtures,                          B), (D), (F)-(G).
 Revision Checklist 211.
------------------------------------------------------------------------
                            RCRA Cluster XVII
------------------------------------------------------------------------
Corrections to Errors in the    71 FR 40254, 7/14/ Part 260, Subpart B.
 Code of Federal Regulations,    2006.              DRGHW 260.10 [2016].
 Revision Checklist 214.                           Part 260, Subpart C.
                                                   DRGHW 260.22(a)(1),
                                                    260.22(d)(1)(ii),
                                                    260.40(a), 260.41
                                                    introductory
                                                    paragraph.
                                                   Part 261, Subpart A.
                                                   DRGHW 261.2(c)(1)(i),
                                                    261.3(a)(2)(i),
                                                    261.4(a)(20)(v),
                                                    261.4(b)(6)(i)(B),
                                                    261.4(b)(6)(ii)
                                                    introductory
                                                    paragraph,
                                                    261.4(b)(6)(ii)(D),
                                                    261.4(b)(6)(ii)(F),
                                                    261.4(b)(9),
                                                    261.4(e)(2)(vi),
                                                    261.4(e)(3)(i),
                                                    261.6(a)(2)(i)-(iv),
                                                    [April 21, 2016],
                                                    261.6(c)(2).
                                                   Part 261, Subpart C.
                                                   DRGHW 261.21 [April
                                                    21, 2016],
                                                    261.24(b).
                                                   Part 261, Subpart D.

[[Page 37322]]

 
                                                   DRGHW 261.31(a)/
                                                    Table, 261.32 Table
                                                    ``K107'' and
                                                    ``K069'' entries,
                                                    261.33(e), 261.33(e)/
                                                    Table [2016],
                                                    261.33(f), 261.33(f)/
                                                    Table,
                                                    261.38(c)(1)(i)(C)(4
                                                    ), 261/Appendix VII-
                                                    VIII.
                                                   Part 262, Subpart C.
                                                   DRGHW
                                                    262.34(a)(1)(iv).
                                                   Part 262, Subpart E.
                                                   DRGHW 262.53(b),
                                                    262.56(b),
                                                    262.58(a)(1).
                                                   Part 262, Subpart G.
                                                   DRGHW 262.70.
                                                   Part 262, Subpart H.
                                                   DRGHW
                                                    262.83(b)(1)(i),
                                                    262.83(b)(2)(i),
                                                    262.84(e),
                                                    262.87(a),
                                                    262.87(a)(5)
                                                    introductory
                                                    paragraph [2016].
                                                   Part 264, Subpart A.
                                                   DRGHW 264.1(g)(2),
                                                    264.4.
                                                   Part 264, Subpart B.
                                                   DRGHW
                                                    264.13(b)(7)(iii)(B)
                                                    , 264.17(b)
                                                    introductory
                                                    paragraph,
                                                    264.18(a)(2)(iii),
                                                    264.18(b)(2)(iii).
                                                   Part 264, Subpart F.
                                                   DRGHW 264.97(a)(1)
                                                    introductory
                                                    paragraph,
                                                    264.97(a)(1)(i),
                                                    264.97(i)(5),
                                                    264.98(a)(2),
                                                    264.98(g)(4)(i),
                                                    264.99(h)(2)
                                                    introductory text,
                                                    264.101(d).
                                                   Part 264, Subpart G.
                                                   DRGHW 264.111(c),
                                                    264.112(b)(8),
                                                    264.115, 264.116,
                                                    264.118(c),
                                                    264.119(b)(1)(ii).
                                                   Part 264, Subpart H.
                                                   DRGHW 264.140(d)(1),
                                                    264.142(b)(2),
                                                    264.143(b)(7)-(8),
                                                    264.143(e)(5),
                                                    264.145(a)(3)(i),
                                                    264.145(d)(6),
                                                    264.145(f)(11)
                                                    introductory
                                                    paragraph,
                                                    264.147(h)(1),
                                                    264.151(b),
                                                    264.151(f)
                                                    introductory
                                                    paragraph,
                                                    264.151(g) Letter
                                                    from Chief Financial
                                                    Officer (including
                                                    fifth paragraph;
                                                    item 3; Part A/
                                                    Alternative I, item
                                                    *3; Part B/
                                                    Alternative I, items
                                                    10 and 15; Part B/
                                                    Alternative II, item
                                                    *7), 264.151(h)(2)
                                                    (including Guarantee
                                                    for Liability
                                                    Coverage;
                                                    Certification of
                                                    Valid Claim,
                                                    Recitals, item
                                                    13.(a); Recitals,
                                                    item 14),
                                                    264.151(i), item
                                                    2.(e), 264.151(j),
                                                    item 2.(d),
                                                    264.151(k)
                                                    (including
                                                    Irrevocable Standby
                                                    Letter of Credit and
                                                    Certificate of Valid
                                                    Claim), 264.151(l),
                                                    264.151(l)
                                                    Certification of
                                                    Valid Claim,
                                                    264.151(m)(1)
                                                    Certification of
                                                    Valid Claim/Section
                                                    8.(c), 264.151(n)(1)
                                                    Standby Trust
                                                    Agreement/Section
                                                    3.(c)(1),
                                                    264.151(n)(1)
                                                    Section 3.(e)(3)
                                                    [April 21, 2016],
                                                    264.151(n)(1)
                                                    Sections 12 and 16.
                                                   Part 264, Subpart I.
                                                   DRGHW 264.175(b)(1).
                                                   Part 264, Subpart J.
                                                   DRGHW 264.193(c)(4)
                                                    Note, 264.193(d)(4),
                                                    264.193(e)(2)(ii)-(i
                                                    ii),
                                                    264.193(e)(2)(v)(A)-
                                                    (B),
                                                    264.193(e)(3)(i)-(ii
                                                    ),
                                                    264.193(g)(1)(iii)-(
                                                    iv),
                                                    264.193(g)(2)(i)(A).
                                                   Part 264, Subpart K.
                                                   DRGHW
                                                    264.221(c)(1)(i)(B),
                                                    264.221(c)(2)(ii),
                                                    264.221(e)(1),
                                                    264.221(e)(2)(i)(B)-
                                                    (C), 264.223(b)(1),
                                                    264.226(a)(2).
                                                   Part 264, Subpart L.
                                                   DRGHW
                                                    264.251(a)(2)(i)(A),
                                                    264.252, 264.259(b).
                                                   Part 264, Subpart M.
                                                   DRGHW 264.280(c)(7),
                                                    264.280(d)
                                                    introductory
                                                    paragraph,
                                                    264.283(a).
                                                   Part 264, Subpart N.
                                                   DRGHW 264.301(c)(2),
                                                    264.301(e)(2)(i)(B),
                                                    264.302,
                                                    264.304(b)(1),
                                                    264.314(e)(2),
                                                    264.317(a)
                                                    introductory
                                                    paragraph.
                                                   Part 264, Subpart O.
                                                   DRGHW 264.344(b).
                                                   Part 264, Subpart S.
                                                   DRGHW
                                                    264.552(e)(4)(iii),
                                                    264.552(e)(6)(iii)(E
                                                    ), 264.553(e)
                                                    introductory
                                                    paragraph,
                                                    264.554(a)
                                                    introductory
                                                    paragraph.
                                                   Part 264, Subpart W.
                                                   DRGHW 264.555(e)(6),
                                                    264.573(a)(1),
                                                    264.573(a)(4)(i),
                                                    264.573(a)(5),
                                                    264.573(b)
                                                    introductory
                                                    paragraph,
                                                    264.573(m)(2)-(3).
                                                   Part 264, Subpart X.
                                                   DRGHW 264.600,
                                                    264.601(a)
                                                    introductory
                                                    paragraph,
                                                    264.601(b)(11),
                                                    264.601(c)(4).
                                                   Part 264, Subpart AA.
                                                   DRGHW 264.1030(c),
                                                    264.1033(f)(2)(vii)(
                                                    B), 264.1034(b)(2),
                                                    264.1035(c)(4)(i)-(i
                                                    i).

[[Page 37323]]

 
                                                   Part 264, Subpart BB.
                                                   DRGHW 264.1050(f),
                                                    264.1058(c)(1),
                                                    264.1064(c)(3).
                                                   Part 264, Subpart CC.
                                                   DRGWH 264.1080(a) and
                                                    (c), 264.1090(c).
                                                   Part 264, Subpart DD.
                                                   DRGHW
                                                    264.1101(b)(3)(iii),
                                                    264.1101(c)(3)
                                                    introductory
                                                    paragraph,
                                                    264.1101(c)(3)(i),
                                                    264.1101(d)
                                                    introductory
                                                    paragraph,
                                                    264.1102(a), 264/
                                                    Appendix I/Table 1
                                                    and Table 2 (Section
                                                    2.(d)).
                                                   Part 265, Subpart A.
                                                   DRGHW 265.1(c)(4)(i),
                                                    265.1(c)(6).
                                                   Part 265, Subpart B.
                                                   DRGHW 265.12(a)(1),
                                                    265.14(b)(1),
                                                    265.16(b),
                                                    265.19(c)(2).
                                                   Part 265, Subpart D.
                                                   DRGHW 265.56(b).
                                                   Part 265, Subpart F.
                                                   DRGHW 265.90(e).
                                                   Part 265, Subpart G.
                                                   DRGHW 265.110(b)(4),
                                                    265.111(c),
                                                    265.112(b)(5),
                                                    265.112(d)(4),
                                                    265.113(b)
                                                    introductory
                                                    paragraph,
                                                    265.117(b)
                                                    introductory
                                                    paragraph,
                                                    265.119(b)(1)(ii).
                                                   Part 265, Subpart H.
                                                   DRGHW 265.140(b)
                                                    introductory
                                                    paragraph,
                                                    265.140(b)(2),
                                                    265.142(a),
                                                    265.145(e)(11),
                                                    265.147(a)(1)(i),
                                                    265.147(b)(1)(i)-(ii
                                                    ).
                                                   Part 265, Subpart I.
                                                   DRGHW 265.174.
                                                   Part 265, Subpart J.
                                                   DRGHW
                                                    265.193(e)(2)(v),
                                                    265.193(i)(2),
                                                    265.194(b)(1)-(2),
                                                    265.197(b),
                                                    265.201(c)
                                                    introductory
                                                    paragraph.
                                                   Part 265, Subpart K.
                                                   DRGHW 265.221(a),
                                                    265.221(d)(2)(i)(A)-
                                                    (B),
                                                    265.223(b)(1)(Respon
                                                    se Actions),
                                                    265.228(a)(2)(iii)(D
                                                    ), 265.228(b)(2),
                                                    265.229(b)(2) and
                                                    (b)(3).
                                                   Part 265, Subpart L.
                                                   DRGHW 265.255(b),
                                                    265.259(b)(1).
                                                   Part 265, Subpart M.
                                                   DRGHW 265.280(a)(4),
                                                    265.281(a)(1).
                                                   Part 265, Subpart N.
                                                   DRGHW 265.301(a),
                                                    265.301(d)(1),
                                                    265.301(d)(2)(i)(B),
                                                    265.302(b),
                                                    265.303(b)(1),
                                                    265.312(a)(1),
                                                    265.314(f)(1)(ii),
                                                    265.314(g)(2),
                                                    265.316 introductory
                                                    paragraph,
                                                    265.316(c)-(d).
                                                   Part 265, Subpart Q.
                                                   DRGHW
                                                    265.405(a)(1)(i).
                                                   Part 265, Subpart W.
                                                   DRGHW 265.441(c),
                                                    265.443(a)(4)(i),
                                                    265.443(b)
                                                    introductory
                                                    paragraph,
                                                    265.445(b).
                                                   Part 265, Subpart AA.
                                                   DRGHW
                                                    265.1033(f)(2)(ii),
                                                    265.1035(b)(2)
                                                    introductory
                                                    paragraph,
                                                    265.1035(b)(2)(i),
                                                    265.1035(c)(4)(i),
                                                    265.1063(b)(4)(ii).
                                                   Part 265, Subpart CC.
                                                   DRGHW 265.1080(a),
                                                    265.1085(h)(3)
                                                    introductory
                                                    paragraph,
                                                    265.1087(b),
                                                    265.1090(f)(1).
                                                   Part 265, Subpart DD.
                                                   DRGHW 265.1100(d),
                                                    265.1101(b)(4)(i)(B)
                                                    ,
                                                    265.1101(b)(4)(iii),
                                                    265.1101(c)(3)
                                                    introductory
                                                    paragraph,
                                                    265.1101(d)
                                                    introductory
                                                    paragraph, 265
                                                    Appendix I/Tables 1
                                                    and 2, 265 Appendix
                                                    V/Table, 265
                                                    Appendix VI [2016].
                                                   Part 266, Subpart F.
                                                   DRGHW 266.70(a).
                                                   Part 266, Subpart G.
                                                   DRGHW 266.80(a)/
                                                    Table.
                                                   Part 266, Subpart H.
                                                   DRGHW
                                                    266.100(b)(2)(iii),
                                                    266.100(d)(3)(i)(A),
                                                    266.100(g)
                                                    introductory
                                                    paragraph,
                                                    266.102(a)(2)(vi),
                                                    266.102(e)(3)(i)(E),
                                                    266.102(e)(5)(i)(C),
                                                    266.102(e)(6)(ii)(B)
                                                    (2),
                                                    266.102(e)(8)(iii),
                                                    266.103(a)(4)(vii),
                                                    266.103(b)(2)(v)(B)(
                                                    2),
                                                    266.103(b)(5)(ii)(A)
                                                    ,
                                                    266,103(b)(6)(viii)(
                                                    A),
                                                    266.103(c)(1)(i),
                                                    266.103(c)(1)(ii)(A)
                                                    (2),
                                                    266.103(c)(1)(ix)
                                                    introductory
                                                    paragraph,
                                                    266.103(c)(1)(ix)(A)
                                                    ,
                                                    266.103(c)(4)(iv)(C)
                                                    (1),
                                                    266.103(g)(1)(i),
                                                    266.106(d)(1),
                                                    266.109(a)(2)(ii),
                                                    266.109(b)
                                                    introductory
                                                    paragraph.
                                                   Part 266, Subpart N.
                                                   DRGHW Part 266
                                                    subpart N heading.

[[Page 37324]]

 
                                                   Part 266, Appendices.
                                                   DRGHW Part 266
                                                    Appendix III-VI,
                                                    VIII, IX, and XIII.
                                                   Part 268, Subpart A.
                                                   DRGHW 268.2(g),
                                                    268.4(a)(3)
                                                    introductory
                                                    paragraph,
                                                    268.6(c)(5)
                                                    introductory
                                                    paragraph,
                                                    268.7(a)(1) [more
                                                    stringent
                                                    provision],
                                                    268.7(a)(3)(ii),
                                                    268.7(a)(4)/Table
                                                    (entry 8),
                                                    268.7(b)(3)(ii)/
                                                    Table (entry 5),
                                                    268.7(b)(4)(ii),
                                                    268.7(c)(2) [2016],
                                                    268.7(d)
                                                    introductory
                                                    paragraph,
                                                    268.7(d)(1)
                                                    introductory
                                                    paragraph,
                                                    268.7(d)(1)(i)-(iii)
                                                    , 268.7(d)(2)-(3).
                                                   Part 268, Subpart B.
                                                   DRGHW 268.14(b)-(c).
                                                   Part 268, Subpart D.
                                                   DRGHW 268.40(g),
                                                    268.40/Table
                                                    ``Treatment
                                                    Standards for
                                                    Hazardous Wastes,''
                                                    268.42/Table 1,
                                                    268.44(c), 268.45/
                                                    Table 1, 268.48/
                                                    Table ``Universal
                                                    Treatment
                                                    Standards,''
                                                    268.49(d).
                                                   Part 268, Subpart E.
                                                   DRGHW 268.50(c) and
                                                    (g), Part 268
                                                    Appendix VIII.
40 CFR 270.1(c)(1)(iii),        .................  DRGHW 122.1(a)(2),
 270.1(c)(3)(i) introductory                        122.1(c)(1)(iii),
 paragraph, 270.2.                                  122.1(c)(3)(i)
                                                    introductory
                                                    paragraph, 122.2.
40 CFR 270.10(j), 270.11(d)(1)- .................  DRGHW 122.10(j),
 (2), 270.13(k)(7), 270.14(a),                      122.11(d)(1)-(2),
 270.14(b)(11)(ii)(B),                              122.13(k)(7),
 270.14(b)(19)(iii),                                122.14(a),
 270.14(b)(21), 270.17(f),                          122.14(b)(11)(ii)(B)
 270.18(b), 270.18(g),                              ,
 270.20(i)(2), 270.26(c)(15).                       122.14(b)(19)(iii),
                                                    122.14(b)(21),
                                                    122.17(f), 122.18(b)
                                                    and (g),
                                                    122.20(i)(2),
                                                    122.26(c)(15).
40 CFR 270.33(b) introductory   .................  DRGHW 122.33(b)
 paragraph.                                         introductory
                                                    paragraph.
40 CFR 270.41(c),               .................  DRGHW 122.41(c),
 270.42(d)(2)(i), 270.42                            122.42(d)(2)(i),
 Appendix I.                                        122.42 Appendix I.
40 CFR 270.70(a) introductory   .................  DRGHW 122.70(a)
 paragraph, 270.72(b)(2).                           introductory
                                                    paragraph,
                                                    122.72(b)(2).
                                                   Part 273, Subpart A.
                                                   DRGHW 273.9.
                                                   Part 273, Subpart B.
                                                   DRGHW 273.13(b)
                                                    introductory
                                                    paragraph,
                                                    273.14(a).
                                                   Part 273, Subpart C.
                                                   DRGHW 273.34(a).
                                                   Part 279, Subpart A.
                                                   DRGHW 279.1.
                                                   Part 279, Subpart B.
                                                   DRGHW 279.10(b)(2),
                                                    279.11, 279.11/Table
                                                    1.
                                                   Part 279, Subpart E.
                                                   DRGHW
                                                    279.43(c)(3)(i),
                                                    279.43(c)(5),
                                                    279.44(a),
                                                    279.44(c)(2),
                                                    279.45(a).
                                                   Part 279, Subpart F.
                                                   DRGHW 279.52,
                                                    279.55(a)
                                                    introductory
                                                    paragraph,
                                                    279.55(b)(2)(i)(B)
                                                    [2016],
                                                    279.56(a)(2),
                                                    279.57(a)(2)(ii),
                                                    279.59.
                                                   Part 279, Subpart G.
                                                   DRGHW 279.63(b)(3),
                                                    279.64(e).
                                                   Part 279, Subpart H.
                                                   DRGHW 279.70(b)(1).
Cathode Ray Tubes Rule,         71 FR 42928, 7/28/ DRGHW 260.10,
 Revision Checklist 215.         2006.              261.4(b)(16),
                                                    261.39, 261.40,
                                                    262.20 (Certain
                                                    portions of the
                                                    regulations are
                                                    considered broader
                                                    in scope; see
                                                    discussion in
                                                    Section H.1(a)).
------------------------------------------------------------------------
\1\ A Revision Checklist is a document that addresses the specific
  revisions made to the Federal regulations by one or more related final
  rules published in the Federal Register. EPA develops these checklists
  as tools to assist States in developing their authorization
  applications and in documenting specific State analogs to the Federal
  regulations. For more information see EPA's RCRA State Authorization
  Web page at https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra.
\2\ Unless otherwise indicated, all Delaware citations are from the
  state's 2009 regulations. Minor modifications that became effective in
  2016, but for which the exact effective date is unknown are denoted
  with a ``[2016]'' following the regulatory citation.

2. State-Initiated Changes

    Delaware's program revision application includes State-initiated 
changes that are not directly related to any of the Revision Checklists 
in Table 1. These State-initiated revisions to some of Delaware's 
existing regulations are for the purposes of correcting errors and 
adding consistency or clarification to the existing regulations. EPA 
has evaluated the changes and has determined that the State's 
regulations remain consistent with, and are no less stringent than, the 
corresponding Federal regulations. EPA grants Delaware final 
authorization for the State provisions listed in Table 2. The following 
State-initiated revisions are

[[Page 37325]]

equivalent and analogous to the numerically identical provisions of the 
Federal RCRA regulations found at relevant or applicable 40 CFR 
sections as of July 1, 2007.

               Table 2--Equivalent State-Initiated Changes
------------------------------------------------------------------------
     Federal RCRA citation (40 CFR)           State citation (DRGHW)
------------------------------------------------------------------------
262.21.................................  262.21.
262.23.................................  262.23.
263.21, 264/265.72.....................  263.21, 264/265.72.
264/265.119, 264/265.276...............  264/265.119, 264/265.276.
264.143(h), 264.145(h), 265.143(g),      264.143(h), 264.145(h),
 265.145(g), 264.151(a) and (m).          265.143(g), 265.145(g),
                                          264.151(a) and (m).
264.151(a)(1) Section 8(c).............  264.151(a)(1) Section 8(c).
266, Appendix IX.......................  266, Appendix IX.
------------------------------------------------------------------------

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

1. Delaware Requirements That Are Broader in Scope

    The Delaware hazardous waste program contains certain provisions 
that are broader in scope than the Federal program. These broader in 
scope provisions are not part of the program being authorized by this 
action. EPA cannot enforce requirements that are broader in scope, 
although compliance with such provisions is required by Delaware law. 
Examples of broader in scope provisions of Delaware's program include, 
but are not limited to, the following:
    (a) DRGHW 260.10 includes the definition of ``cathode ray tube 
(CRT) generator,'' which is not found in the Federal regulations. 
Furthermore, the definition of ``CRT processing'' found at DRGHW 
260.10, and the requirements at DRGHW 261.39, DRGHW 261.40, and DRGHW 
261.4(b)(16)(i)-(iii), contain language regarding the management of 
cathode ray tubes as a solid waste. Under the Federal requirements, 
used CRTs that meet certain conditions are not a solid waste and would 
not be regulated. Delaware continues to regulate those used CRTs even 
if they meet the Federal exclusion requirements. As a result, 
Delaware's regulation of these excluded CRTs goes beyond the scope of 
the Federal program and is not a part of the Federally enforceable 
program.
    (b) The Delaware regulations promulgated at DRGHW 263 Subpart E 
outline provisions for hazardous waste transporter permits. Because 
there is no counterpart in the Federal regulations that addresses 
hazardous waste transporter permits, this entire section (DRGHW 263 
Subpart E) is broader in scope. Delaware has made changes to 
subparagraphs 263.102(b)(3) and (4) of DRGHW 263 Subpart E. These 
subparagraphs set forth conditions that could lead to the modification, 
denial, termination, or revocation of a hazardous waste transporter 
permit. There are no provisions in the Federal regulations that address 
the modification, denial, termination, or revocation of a hazardous 
waste transporter permit. As a result, these DRGHW provisions go beyond 
the scope of the Federal program.

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

    Delaware's hazardous waste program contains several provisions that 
are more stringent than the RCRA program. The more stringent provisions 
are part of the Federally-authorized program and are, therefore, 
Federally-enforceable. The specific more stringent provisions are also 
noted in Table 1 and in Delaware's authorization application. They 
include, but are not limited to, the following:
    (a) The Federal regulations at 40 CFR 261.5(j) state that if a 
conditionally exempt small quantity generator's wastes are mixed with 
used oil, the mixture is subject to the ``Standards for the Management 
of Used Oil.'' However, Delaware's regulations at DRGHW 261.5(j) state 
that if a conditionally exempt small quantity generator's wastes are 
mixed with used oil, the mixture is subject to several standards 
including: the Hazardous Waste Management System; Identification and 
Listing of Hazardous Waste; Standards Applicable to Generators of 
Hazardous Waste; Standards Applicable to Transporters of Hazardous 
Waste; Standards for Owners and Operators of Hazardous Waste Treatment, 
Storage, and Disposal Facilities; Interim Status Standards for Owners 
and Operators of Hazardous Waste Treatment, Storage, and Disposal 
Facilities; Standards for the Management of Specific Types of Hazardous 
Waste; Land Disposal Restrictions; the Hazardous Waste Permit Program; 
and Procedures for Decision Making. Because Delaware imposes additional 
standards on waste and used oil mixtures, Delaware's regulations are 
more stringent than the Federal requirements.
    (b) DRGHW 261.41 includes more stringent requirements, at DRGHW 
261.41(a), which are not found in 40 CFR 261.41. Specifically, the 
Delaware provision imposes additional requirements on used, intact 
Cathode Ray Tubes (CRTs) exported for reuse. When applied to CRTs that 
are regulated by the Federal requirements, the provisions at DRGHW 
261.41(a) are more stringent than the Federal requirements.
    (c) The Delaware regulations at DRGHW 262.12(d) require that a 
generator submit a ``RCRA Subtitle C Site Identification Form'' (EPA 
Form 8700-12) whenever there is a change in name, mailing address, 
contact person, contact address, telephone number, ownership, type of 
regulated waste activity, description of regulated wastes managed, or 
if the generator permanently ceases the regulated waste activity. This 
notification must be submitted to the DNREC Secretary no less than 10 
days prior to the implementation of the change(s). The Federal 
regulations at 40 CFR 262.12 do not require the submission of a ``RCRA 
Subtitle C Site Identification Form'' (EPA Form 8700-12) whenever there 
is a change in name, mailing address, contact person, contact address, 
telephone number, ownership, type of regulated waste activity, 
description of regulated wastes managed, or if the generator 
permanently ceases the regulated waste activity. Therefore, this 
provision of Delaware's regulations is more stringent than the Federal 
requirement.
    (d) The Federal requirements in 40 CFR 262.20 detail the procedures 
generators must follow when preparing a manifest. The paragraph at 40 
CFR 262.20(e) includes conditions whereby generators that generate more 
than 100 kilograms, but less than 1000 kilograms

[[Page 37326]]

in a calendar month would be exempt from the manifest requirements. 
Delaware's regulations at DRGHW 262.20 also include guidelines for the 
preparation of a manifest. However, paragraph 262.20(e) in the DRGHW is 
labeled as ``Reserved''. Therefore, the manifest exemption for 
generators that generate more than 100 kilograms, but less than 1000 
kilograms of hazardous waste in a calendar month that is included in 
the CFR is excluded from Delaware's regulations. Thus, Delaware 
regulations are considered to be more stringent.
    (e) The Federal regulations promulgated at 40 CFR 262.44 state that 
generators who generate more than 100 kilograms, but less than 1000 
kilograms of hazardous waste in a calendar month are subject to 
reporting and recordkeeping requirements in 40 CFR 262.40(a), (c), and 
(d); 40 CFR 262.42(b); and 40 CFR 262.43. Delaware's regulations impose 
additional reporting and recordkeeping requirements on these 
generators. Specifically, Delaware's regulations at DRGHW 262.44 call 
for generators who generate more than 100 kilograms, but less than 1000 
kilograms to follow the reporting and recordkeeping requirements in 
DRGHW 262.40(a), (b), (c), and (d); DRGHW 262.42(b); and DRGHW 262.43. 
Therefore, Delaware's regulations are more stringent than the Federal 
regulations.
    (f) The Delaware regulations at DRGHW 265.176(b) require the 
owner(s) or operator(s) of waste treatment, storage, and disposal 
facilities to take precautions to prevent accidental ignition or 
reaction of ignitable or reactive waste. Specifically, owner(s) or 
operator(s) must implement preventative measures including: Separating 
and protecting ignitable or reactive waste from sources of ignition or 
reaction, confining smoking and open flame to specially designated 
locations while ignitable or reactive waste is being handled, and 
conspicuously placing ``No smoking'' signs wherever there is a hazard 
from ignitable or reactive waste. The Federal regulation promulgated at 
40 CFR 265.176 does not include provisions for owner(s) or operator(s) 
of waste treatment, storage, and disposal facilities to prevent 
accidental ignition or reaction of ignitable or reactive waste. Hence, 
Delaware's regulation is more stringent.
    (g) The Federal regulations at 40 CFR 268.7 include testing, 
tracking, and recordkeeping requirements for generators, treaters, and 
disposal facilities. The provision at 40 CFR 268.7(a)(1) states that a 
generator must determine whether its hazardous waste must be treated 
before it can be land disposed. It also says that generators can make 
this determination by either testing the waste or using knowledge of 
the waste. The provision also gives generators the option to send their 
waste to a RCRA-permitted hazardous waste facility, where the facility 
would have to test the hazardous waste. Delaware also has testing, 
tracking, and recordkeeping requirements for generators, treaters, and 
disposal facilities, which can be found at DRGHW 268.7. Delaware's 
regulations at DRGHW 268.7(a)(1) require that generators determine 
whether their hazardous waste must be treated before it can be land 
disposed. Similar to the federal requirements, Delaware's regulations 
state that generators can either test the waste or use knowledge of the 
waste to make this determination. However, Delaware's regulations do 
not include a provision to allow generators to send their waste to a 
RCRA-permitted facility for testing. Therefore, Delaware's requirements 
are more stringent than Federal requirements.
    (h) The Delaware regulations promulgated at DRGHW 279.10(i) state 
that marketers and burners of used oil who market used oil containing 
any quantifiable level of polychlorinated biphenyls (PCBs) are subject 
to both the ``Standards for the Management of Used Oil'' set forth in 
DRGHW Part 279 and the requirements found at 40 CFR 761.20(e). The 
Federal regulations at 40 CFR 279.10(i), however, list the criteria 
whereby used oil containing PCBs may become subject to both the 
``Standards for the Management of Used Oil'' and the requirements of 40 
CFR part 761. As a result, under the Federal regulations, marketers and 
burners or used oil who market used oil containing PCBs may be subject 
to either the requirements of 40 CFR part 279 or the requirements of 40 
CFR part 761. Because Delaware always requires compliance with both 
parts of the regulations, Delaware's regulations are more stringent.
    (i) The Delaware regulations at DRGHW 279.22(b)(3) state that 
containers and aboveground tanks utilized to store used oil at 
generator facilities must be closed during storage, except when it is 
necessary to add or remove oil. The Federal regulations at 40 CFR 
279.22(b) do not require that containers and aboveground storage tanks 
remain closed during storage, thereby making Delaware's regulations 
more stringent.

I. Who handles permits after the authorization takes effect?

    After this authorization revision, Delaware will continue to issue 
permits covering all the provisions for which it is authorized and will 
administer all such permits. EPA will continue to administer any RCRA 
hazardous waste permits or portions of permits that it issued prior to 
the effective date of this authorization until the timing and process 
for effective transfer to the State are mutually agreed upon. Until 
such time as EPA formally transfers responsibility for a permit to 
Delaware and EPA terminates its permit, EPA and Delaware agree to 
coordinate the administration of such permit in order to maintain 
consistency. EPA will not issue any more new permits or new portions of 
permits for the provisions listed in Section G after the effective date 
of this authorization. EPA will continue to implement and issue permits 
for HSWA requirements for which Delaware is not yet authorized.

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

    Delaware is not seeking authority to operate the program on Indian 
lands, since there are no Federally-recognized Indian Lands in 
Delaware.

K. What is codification and is epa codifying Delaware's hazardous waste 
program as authorized in this rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. We do this action by 
referencing the authorized State rules in 40 CFR part 272. EPA reserves 
the amendment of 40 CFR part 272, subpart I, for this authorization of 
Delaware's program revisions until a later date.

L. Administrative Requirements

    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). Therefore, this action 
is not subject to review by OMB. This action authorizes State 
requirements pursuant to RCRA section 3006 and imposes no additional 
requirements beyond those imposed by State law. 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

[[Page 37327]]

Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). 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). In any case, Executive Order 
13175 does not apply to this rule since there are no Federally 
recognized tribes in Delaware.
    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 concern environmental health or safety 
risks that may disproportionately affect children. This rule 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), 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 EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that satisfies the requirements of RCRA. Thus, the requirements of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
3701, et seq.) do not apply. As required by section 3 of Executive 
Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA 
has taken the necessary steps to eliminate drafting errors and 
ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. EPA has complied with Executive Order 
12630 (53 FR 8859, March 18, 1988) by examining the takings 
implications of the rule 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 rule 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 rule 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, the rule is not subject to 
Executive Order 12898.
    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. EPA will submit a report containing this document 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 in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
action is effective October 10, 2017.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    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, and 6974(b).

    Dated: July 27, 2017.
Cecil Rodrigues,
Acting Regional Administrator, U.S. EPA Region III.
[FR Doc. 2017-16903 Filed 8-9-17; 8:45 am]
 BILLING CODE 6560-50-P


