[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Rules and Regulations]
[Pages 74971-74977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22799]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271 and 272

[EPA-R03-RCRA-2022-0280; FRL-9951-02-R3]


Delaware: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

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 hereby 
authorizing Delaware's revisions through this direct final rule. EPA is 
additionally removing and reserving codification of Delaware's 
hazardous waste program.

DATES: This final authorization will become effective on February 6, 
2023, unless EPA receives adverse written comments by January 6, 2023. 
If EPA receives any such comments, EPA will publish a timely withdrawal 
of this direct final rule in the Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
RCRA-2022-0351, at 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 the disclosure of which 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 
www.epa.gov/dockets/commenting-epa-dockets.
    The EPA encourages electronic submittals, but if you are unable to 
submit electronically or need other assistance, please contact Claudia 
Scott, the contact listed in the FOR FURTHER INFORMATION CONTACT 
provision below. Please also contact Claudia Scott if you need 
assistance in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you.

FOR FURTHER INFORMATION CONTACT: Claudia Scott, RCRA Programs Branch, 
Land, Chemicals and Redevelopment Division, U.S. Environmental 
Protection Agency Region 3, Four Penn Center, 1600 John F. Kennedy 
Blvd. (Mail Code 3LD30), Philadelphia, PA 19103-2852; phone: (215) 814-
3240, email: [email protected].

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 December 16, 2021, Delaware submitted a final program revision 
application seeking authorization of revisions to its hazardous waste 
program that correspond to certain Federal rules promulgated through 
May 30, 2018. EPA concludes that Delaware's application to revise its

[[Page 74972]]

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 preamble.
    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 issue of the 
Federal Register 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 preamble.

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

    If EPA receives adverse comments pertaining to this State revision, 
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 relevant 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.

F. What has Delaware previously been authorized for?

    Delaware initially received final authorization of its hazardous 
waste program 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); October 7, 2004, effective December 6, 2004 (69 FR 60091); 
and August 10, 2017, effective October 10, 2017 (82 FR 37319).

G. What revisions is EPA authorizing with this action?

    On December 16, 2021, Delaware submitted a final program revision 
application 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 through May 30, 2018.
    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, April 21, 
2016, and January 21, 2021. 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\)          or  requirement            \2\
------------------------------------------------------------------------
                            RCRA Cluster VII
------------------------------------------------------------------------
Criteria for Classification of  61 FR 34252, 7/1/  DRGHW 262.14(a)(6),
 Solid Waste Disposal            1996.              262.14(a)(6)(i)-(iii
 Facilities and Practices;                          ), 262.14(a)(6)(iv)
 Identification and Listing of                      *, 262.14(a)(6)(v)
 Hazardous Waste; Requirements                      *, 262.14(a)(6)(vi),
 for Authorization of State                         262.14(a)(6)(vii).
 Hazardous Waste Programs,
 Revision Checklist 153.
------------------------------------------------------------------------

[[Page 74973]]

 
                             RCRA Cluster X
------------------------------------------------------------------------
NESHAPS: Final Standards for    64 FR 52827, 9/30/ DRGHW 122.19
 Hazardous Air Pollutants for    1999.              introductory
 Hazardous Waste Combustors                         paragraph,
 (MACT Rule), Revision                              122.19(e), 122.22
 Checklist 182.                                     introductory
                                                    paragraph, 122.42
                                                    Appendix I, 122.62
                                                    introductory
                                                    paragraph, 122.66
                                                    introductory
                                                    paragraph.
                                                   DRGHW 260.10,
                                                    264.340(b),
                                                    264.340(b)(1)-(2),
                                                    264.340(c)-(e),
                                                    264.601 introductory
                                                    paragraph,
                                                    265.340(b),
                                                    265.340(b)(1)-(2),
                                                    265.340(c),
                                                    266.100(b),
                                                    266.100(b)(1),
                                                    266.100(b)(2),
                                                    266.100(b)(2)(i)-(iv
                                                    ), 266.100(c),
                                                    266.100(d),
                                                    266.100(d)(1),
                                                    266.100(d)(1)(i)-(ii
                                                    i), 266.100(d)(2),
                                                    266.100(d),
                                                    266.100(d)(3),
                                                    266.100(d)(3)(i)-(ii
                                                    ), 266.100(e)-(h),
                                                    266.101(c),
                                                    266.101(c)(1),
                                                    266.105(c),
                                                    266.105(c)(1)-(3),
                                                    266.105(d),
                                                    266.112(b)(1),
                                                    266.112(b)(2)(i),
                                                    Appendix VIII.
------------------------------------------------------------------------
                            RCRA Cluster XII
------------------------------------------------------------------------
Hazardous Air Pollutant         67 FR 6968-6996,   DRGHW 266.100(a),
 Standards for Combustors:       2/14/2002.         266.100(b)(1),
 Corrections, Revision                              266.110(d)(1)(i)(B),
 Checklist 198.                                     266.100(d)(2)(i)-(ii
                                                    ), 266.100(d)(3),
                                                    266.100(d)(3)(i),
                                                    266.100(d)(3)(i)(D).
------------------------------------------------------------------------
                             RCRA Cluster XV
------------------------------------------------------------------------
Methods Innovation Rule and SW- 70 FR 34538-       DRGHW
 846 Final Update IIIB,          34592, 6/14/2005   122.19(c)(1)(iii)-(i
 Revision Checklist 208.         As amended 8/1/    v),
                                 2005, 70 FR        122.22(a)(2)(ii)(B),
                                 44150-44151.       122.62(b)(2)(i)(D),
                                                    122.66(c)(2)(i)-(ii)
                                                    , 279.10(b)(1)(ii),
                                                    279.44(c),
                                                    279.53(c),
                                                    279.63(c).
                                                   DRGHW 260.11,
                                                    260.119(a)-(g),
                                                    260.22(d)(1)(i),
                                                    261.3(a)(2)(v)
                                                    introductory
                                                    paragraph,
                                                    261.21(a)(1),
                                                    261.22(a)(1)-(2),
                                                    261.35(b)(2)(iii)(A)
                                                    -(B), Appendix I,
                                                    Appendix II,
                                                    Appendix III,
                                                    264.190(a),
                                                    264.314(b),
                                                    264.1034(c)(1)(ii),2
                                                    64.1034(c)(1)(iv)(B)
                                                    ,
                                                    264,1034(d)(1)(iii),
                                                    264.1034(f),
                                                    264.1063(d)(2),
                                                    Appendix IX,
                                                    265.1034(c)(1)(ii),
                                                    265.1034(c)(1)(iv),
                                                    265.1034(c)(1)(iv)(A
                                                    )-(B),
                                                    265.1063(d)(2),
                                                    265.1081 ``Waste
                                                    stabilization
                                                    process'',
                                                    265.1084(a)(3)(ii)(C
                                                    ),
                                                    265.1084(a)(3)(iii)
                                                    introductory
                                                    paragraph,
                                                    265.1084(a)(3)(iii)(
                                                    A)-(B),
                                                    265.1084(b)(3)(iii),
                                                    265.1084(b)(3)(iii)(
                                                    A)-(B),
                                                    265.1084(c)(3)(i),
                                                    266.100(d)(1)(ii),
                                                    266.100(g)(2),
                                                    266.102(b)(1),
                                                    266.106(a),
                                                    266.112(b)(1),
                                                    266.112(b)(2)(i),
                                                    Appendix IX,
                                                    268.40(b), 268.40.
                                                   Table/Footnote 7,
                                                    268.40 UTS table
                                                    Footnote 4.
------------------------------------------------------------------------
                            RCRA Cluster XVI
------------------------------------------------------------------------
Burden Reduction Initiative,    71 FR 16862-       DRGHW 122.14(a),
 Revision Checklist 213.         16915, 4/4/2006.   122.16(a),
                                                    122.26(c)(15).
                                                   DRGHW 260.31(b)(2)-
                                                    (7),
                                                    261.4(a)(9)(iii)(E),
                                                    261.4(f)(9),
                                                    264.16(a)(4),
                                                    264.52(b),
                                                    264.56(i), 264.56(j)
                                                    *, 264.73(b),
                                                    introductory
                                                    language *,
                                                    264.73(b)(1),(2),(6)
                                                    *,(8),(10),&(18),
                                                    264.98(d) *,
                                                    264.98(g)(2)-(3),
                                                    264.99(f) *,
                                                    264.99(g),
                                                    264.100(g) *,
                                                    264.115, 264.120,
                                                    264.143(i),
                                                    264.145(i),
                                                    264.147(e), 264.174,
                                                    264.191(a),
                                                    264.191(b)(5)(ii),
                                                    264.192(a),
                                                    264.192(b),
                                                    264.193(a)(1),
                                                    264.193(a)(2),
                                                    264.193(i)(2),
                                                    264.195(b),
                                                    264.195(c),
                                                    264.195(d),
                                                    264.196(f),
                                                    264.251(c),
                                                    264.280(b),
                                                    264.314(a),
                                                    264.314(b)-(e),
                                                    264.314(e)(1)-(2),
                                                    264.343(a)(2) *,
                                                    264.347(d) *,
                                                    264.554(c)(2),
                                                    264.571(a)-(c),
                                                    264.573(a)(4)(ii),
                                                    264.573(g),
                                                    264.574(a),
                                                    264.1061(b)(2) *,
                                                    264.1061(b)(3) *,
                                                    264.1062(a),
                                                    264.1062(a)(2) *,
                                                    264.1100
                                                    introductory
                                                    paragraph,
                                                    264.1101(c)(2),
                                                    264.1101(c)(4),
                                                    265.15(b)(4),
                                                    265.52(b), 265.56(i)
                                                    *, 265.56(j),
                                                    265.73(b),
                                                    introductory
                                                    language *,
                                                    265.73(b)(1),(2),(6)
                                                    *,(7),&(8),
                                                    265.90(e)(1) *,
                                                    265.90(e)(3) *,
                                                    265.93(d)(2) *,
                                                    265.93(d)(5) *,
                                                    265.115, 265.120,
                                                    265.143(h),
                                                    265.145(h),
                                                    265.147(h), 265.174,
                                                    265.191(a),
                                                    265.191(b)(5)(ii),
                                                    265.192(a),
                                                    265.192(b),
                                                    265.193(a)(1),
                                                    265.193(a)(2),
                                                    265.193(i)(2),
                                                    265.193(f)(1),
                                                    265.195(a),
                                                    265.195(a)(1),(2),&(
                                                    4), 265.196(f) *,
                                                    265.195(c) *,
                                                    265.201, 265.221(a),
                                                    265.224, 265.224(a)
                                                    *, 265.259(a) *,
                                                    265.280(e),
                                                    265.301(a),
                                                    265.303(a) *,
                                                    265.314(a),
                                                    265.314(b)-(f),
                                                    265.314(f)(1),
                                                    265.314(f)(2),
                                                    265.441(a),
                                                    265.441(b),
                                                    265.441(c),
                                                    265.443(a)(4)(ii),
                                                    265.443(g),
                                                    265.444(a),
                                                    265.1061(b),
                                                    265.1061(b)(1) *
                                                    265.1061(d) *,
                                                    265.1062(a),
                                                    265.1062(a)(2) *
                                                    265.1100
                                                    introductory
                                                    paragraph,
                                                    265.1101(c)(2),
                                                    265.1101(c)(4),
                                                    266.102(e)(10) *,
                                                    266.103(d) *,
                                                    266.103(k) *,
                                                    268.7(a)(1),
                                                    268.1(a)(2),
                                                    268.7(b)(6),
                                                    268.9(a), 268.9(d).
------------------------------------------------------------------------
                            RCRA Cluster XXI
------------------------------------------------------------------------
Removal of Saccharin and Its    75 FR 78918-       DRGHW 261.33(f)
 Salts from the Lists of         78926, 12/17/      Table, 261 Appendix
 Hazardous Constituents,         2010, Effective    VIII, 268.40 Table
 Revision Checklist 225.         1/18/2011.         of Treatment
                                                    Standards, 268
                                                    Appendix VII.

[[Page 74974]]

 
Revision of the Land Disposal   76 FR 34147-       DRGHW 268.40 Table of
 Treatment Standards for         34157, 6/13/2011.  Treatment Standards,
 Carbamate Wastes, Revision                         268.48 Table of UTS-
 Checklist 227.                                     Universal Treatment
                                                    Standards.
------------------------------------------------------------------------
                            RCRA Cluster XXII
------------------------------------------------------------------------
Hazardous Waste Technical       77 FR 22229-       DRGHW 261.32(a)
 Corrections and                 22232, 4/13/2012.  Table, 266.20(b).
 Clarifications Rule, Revision
 Checklist 228.
------------------------------------------------------------------------
                           RCRA Cluster XXIII
------------------------------------------------------------------------
Hazardous Waste Electronic      79 FR 7518-7563,   DRGHW 260.2(a)-(b),
 Manifest Rule, Revision         2/7/2014.          260.10,
 Checklist 231.                                     262.20(a)(3),
                                                    262.20(a)(3)(i)-(ii)
                                                    262.24, 262.25,
                                                    263.20(a)(1)-(8),
                                                    263.25,
                                                    264.71(a)(2)(i)-(v),
                                                    264.71(a)(2)(vi),
                                                    264.71(f)-(k),
                                                    265.71(a)(2),
                                                    265.71(a)(2)(i)-(vi)
                                                    , 265.71(f)-(k).
Revisions to the Export         79 FR 36220-       DRGHW 260.10, 261.39
 Provisions of the Cathode Ray   36231, 6/26/2014.  *,
 Tube (CRT) Rule, Revision                          261.39(a)(5)(i)(F)
 Checklist 232.                                     *, 261.39(a)(5)(x)-
                                                    (xi) *, 261.41 *.
------------------------------------------------------------------------
                            RCRA Cluster XXIV
------------------------------------------------------------------------
Changes affecting all non-      80 FR 1694-1814,   DRGHW 260.31(c),
 waste determinations and        1/13/2015.         260.31(c)(1)-(5),
 variances More stringent for                       260.33 section
 all state programs Revisions                       heading *, 260.33(c)-
 to the Definition of Solid                         (e) *, 260.42
 Waste, Revision Checklist                          section heading,
 233A.                                              260.42(a) *,
                                                    260.42(a)(1)-(9),
                                                    260.42(b).
Legitimacy-related provisions,  80 FR 1694-1814,   DRGHW 260.10
 including prohibition of sham   1/13/2015.         ``contained'',
 recycling, definition of                           260.10 ``Hazardous
 legitimacy, definition of                          secondary
 contained More stringent for                       material'',
 all state programs. Revisions                      260.43(a) section
 to the Definition of Solid                         heading, 260.43(a),
 Waste, Revision Checklist                          260.43(a)(1),
 233B.                                              260.43(a)(1)(i)-(v),
                                                    260.43(a)(2),
                                                    260.43(a)(2)(i)-(ii)
                                                    , 260.43(a)(3),
                                                    260.43(a)(4),
                                                    260.43(a)(4)(i),
                                                    260.43(a)(4)(i)(A)-(
                                                    B),
                                                    260.43(a)(4)(ii),
                                                    260.43(a)(4)(ii)(A)-
                                                    (B),
                                                    260.43(a)(4)(iii),
                                                    260.43(b)-(c),
                                                    261.2(b)(4),
                                                    261.2(g).
Speculative Accumulation,       80 FR 1694-1814,   DRGHW 261.1(c)(8).
 Revisions to the Definition     1/13/2015.
 of Solid Waste, Revision
 Checklist 233C.
------------------------------------------------------------------------
                        Consolidated Checklist C9
------------------------------------------------------------------------
Land Disposal Restrictions, as  40 CFR part 268..  DRGHW part 268.
 of June 30, 2018.
------------------------------------------------------------------------
\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 2021 regulations.

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

1. 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 with an asterisk in Table 1 of this preamble and in Delaware's 
authorization application. They include, but are not limited to, the 
following:
    (a) The Federal regulations, at 40 CFR 260.21(d), state that any 
person may petition for a regulatory amendment to add a testing or 
analytical method. Delaware's regulations do not allow such petitions 
and, as a result, are more stringent than the federal requirement.
    (b) The Federal regulations, at 40 CFR 260.33, detail the 
procedures the Administrator will use in evaluating applications for 
variances from classification as a solid waste, for variances to be 
classified as a boiler, or for non-waste determinations. The Delaware 
regulations, at DRGHW 260.33, detail the procedures the Secretary of 
DNREC will use in evaluating applications for variances from 
classification as solid waste or variances to be classified as a 
boiler. The Delaware regulations do not allow applications for non-
waste determinations and, as such, are more stringent than the Federal 
requirements.
    (c) The Federal regulations, at 40 CFR 260.42(a), state that 
facilities managing hazardous secondary materials under an approved 
variance must send a notification to EPA every two years. The Delaware 
regulations, at DRGHW 260.42(a), require notifications to DNREC every 
year. Because Delaware requires annual notifications while EPA requires 
notifications every two years, this Delaware requirements is more 
stringent than the Federal requirement.
    (d) The Federal regulations, at 40 CFR 261.39, include a list of 
conditions that used, broken CRTs must meet in order to be excluded 
from consideration as solid wastes. The Delaware regulations, at DRGHW 
261.39 and 261.41(a), specify that CRTs are considered solid waste but 
used, intact or broken CRTs are not hazardous waste if they meet the 
listed

[[Page 74975]]

conditions. Because the Delaware regulations do not exclude CRTs from 
consideration as solid wastes, the state requirements are more 
stringent than the Federal requirements. Additionally, the Federal 
regulations, at 40 CFR 261.39(a)(5)(i)(F), (a)(5)(x), and (a)(5)(xi), 
require exporters of used, broken CRTs to notify EPA of an intended 
export before the CRTs are scheduled to leave the United States, to 
file with EPA an annual report summarizing the quantities, frequency of 
shipment, and ultimate destination(s) of all used CRTs exported during 
the previous calendar year. The Delaware regulations, at DRGHW 
261.39(a)(5)(i)(F), (a)(5)(x), and (a)(5)(xi), require that exporters 
of used, intact or broken CRTs notify both EPA and the DNREC Secretary 
of an intended export before the CRTs are scheduled to leave the United 
States, and that the annual report be filed with EPA, with a copy sent 
to the DNREC Secretary. Because Delaware's requirements apply to 
exporters of intact CRTs in addition to exporters of used, broken CRTs, 
and because the Delaware regulations require exporters to notify DNREC 
in addition to EPA, the Delaware regulations are more stringent than 
the Federal requirements.
    (e) In several places, the Federal regulations require that notices 
and reports be submitted to the Agency. Delaware's regulations also 
require the submittal of those notices and reports, but additionally 
require that the notices and reports be submitted to the Secretary of 
DNREC. These additional requirements are found at DRGHW 261.41(b) and 
(c), 264.56(j), and 264.343(a)(2). Additionally, Delaware regulations 
require that notifications and documents be provided to the Secretary 
in a number of instances where the Federal regulations do not require 
such notifications or submittals. These additional requirements are 
found at DRGHW 264.1061(b)(1), 264.1062(a)(2), 265.56(i), 265.90(e)(1) 
and (e)(3), 265.93(d)(2) and (d)(5), 265.196(f), 265.224(a), 
265.259(a), 265.303(a), 265.1061(b)(1), 265.1061(d), and 
265.1062(a)(2). As a result, the above Delaware regulations are more 
stringent than the Federal requirements.
    (f) The Federal regulations, at 40 CFR 262.14(a)(5)(iv) and (v), 
allows very small quantity generators (VSQGs) to either treat or 
dispose of their hazardous waste in an on-site facility or ensure 
delivery to an off-site treatment, storage, or disposal facility as 
long as the facility is in the United States and is permitted, 
licensed, or registered by a state to manage municipal solid waste or 
non-municipal non-hazardous waste. Delaware has reserved the analogous 
subsections at DRGHW 262.14(a)(6)(iv) and (v), and does not allow VSQG 
waste to be sent to non-hazardous waste landfills. As a result, the 
Delaware regulations are more stringent than the Federal requirements.
    (g) The Federal regulations, at 40 CFR 264.73(b), introductory 
language, 264.73(b)(6) and (b)(18), 264.347(d), 265.73(b), introductory 
language, 265.73(b)(6), and 266.102(e)(10) require that facilities 
record and maintain certain records for three or five years, as 
specified. The Delaware regulations, at DRGHW 264.73(b), introductory 
language, 264.73(b)(6), 264.347(d), 265.73(b), introductory language, 
265.73(b)(6), and 266.102(e)(10) require facilities to maintain those 
records until closure of the facility. Additionally, at 40 CFR 
266.103(d) and (k), the Federal regulations require owners or operators 
to recertify compliance within five years from submitting the previous 
certification and to maintain required records for five years, while 
the Delaware regulations, at DRGHW 266.103(d) and (k), require 
recertification within three years and maintenance of the records until 
closure of the unit. As a result, the above Delaware regulations are 
more stringent than the Federal requirements.
    (h) The Federal regulations, at 40 CFR 264.98(d) and 264.99(f), 
state that the Regional Administrator will specify the frequencies for 
collecting samples and conducting statistical tests to determine 
whether there is statistically significant evidence of contamination. 
The Delaware regulations, at DRGHW 264.98(d) and 264.99(f), specify 
that a sequence of at least four samples from each well must be 
collected at least semi-annually. Because of this additional 
requirement, the above Delaware regulations are more stringent than the 
Federal requirements.
    (i) The Federal regulations, at 40 CFR 264.100(g), require owners 
or operators to submit written reports on the effectiveness of the 
corrective action program on an annual basis. The Delaware regulations, 
at DRGHW 264.100(g), require that these reports be submitted semi-
annually. As a result, the Delaware regulations are more stringent than 
the Federal requirements.
    (j) The Federal regulations, at 40 CFR 264.113(d) and (e), 
authorize the Regional Administrator to allow closed facilities to 
accept non-hazardous waste if they meet certain requirements. Delaware 
did not adopt these two subparagraphs. Therefore, in this respect, the 
Delaware requirements are more stringent than the Federal program.
    (k) The Federal regulations, at 40 CFR 265.113(e), allow owners or 
operators of a hazardous waste surface impoundment that is not in 
compliance with the liner and leachate collection system to operate as 
long as they meet certain listed requirements. Delaware's regulations 
do not allow these activities at all. As a result, the Delaware 
regulations are more stringent than the Federal requirements.
    (l) Delaware's regulations, at DRGHW 265.195(a), state that owners 
or operators of facilities that use tank systems for storing or 
treating hazardous waste must inspect specified areas at least once 
each operating day. The Federal regulations, at 40 CFR 265.195(b), 
include the same requirement. Additionally, at 40 CFR 265.195(c), the 
Federal regulations allow certain facilities to inspect those areas 
weekly. The Delaware regulations do not allow for this alternate 
inspection schedule and, as a result, are more stringent than the 
Federal requirements in this respect.
    (m) The Federal regulations, at 40 CFR 265.195(f) and (g), require 
an owner or operator of a facility with tank systems to inspect 
cathodic protection systems and keep records of the inspections. The 
Delaware regulations, at DRGHW 265.195(b) and (c), include the same 
requirements. Additionally, DRGHW 265.195(c) provides that generators 
must submit a written record of inspections and maintain the record 
onsite for a minimum of three years. This additional requirement for 
generators is more stringent than the Federal requirements.

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 of this preamble after 
the effective date of this authorization. EPA will continue to 
implement and issue permits for HSWA requirements

[[Page 74976]]

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 a 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. On January 
31, 1986, EPA codified the initial EPA-approved Delaware State program 
in 40 CFR part 272 subpart I (51 FR 3954). The current codification is 
out of date because the authorized Delaware State program has been 
amended since 1986. EPA is now removing and reserving the language in 
40 CFR part 272 subpart I, Sec. Sec.  272.400 and 272.401. EPA's 
initial January 1986 authorized program approval and all subsequent 
updates have been accomplished through notice-and-comment rulemaking, 
and EPA believes the scope and content of the authorized Delaware State 
Program is sufficiently clear without codification in 40 CFR part 272.

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 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. 272 
note, section 12(d)(3)) 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). However, 
this action will not be effective until February 6, 2023 because it is 
a direct final rule.

List of Subjects

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.

40 CFR Part 272

    Environmental protection, Hazardous materials transportation, 
Hazardous waste, Incorporation by reference, Intergovernmental 
relations, 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

[[Page 74977]]

amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

Adam Ortiz,
Regional Administrator, U.S. EPA Region III.

    For the reasons set forth in the preamble, 40 CFR part 272 is 
amended as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority:  Secs. 2002(a), 3006, and 7004(b) of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery 
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).


Sec. Sec.  272.400 and 272.401  [Removed and Reserved]

0
2. Remove and reserve Sec. Sec.  272.400 and 272.401.

[FR Doc. 2022-22799 Filed 12-6-22; 8:45 am]
BILLING CODE 6560-50-P


